Terms & Conditions

Hello, and welcome to DIET (“The Service”), owned and operated by NutraCell (“The Company”). NutraCell is a company that provides its members with all aspects of dietary needs and information – including dieting advice, portion recommendations as well as other dietary information.

NutraCell reserves the right to change the Terms of Use. The most current version will be accessible through here

By texting in or signing up for the DIET service, you are agreeing to sign up for the DIET Service, these Terms of Use and to receive messages on your mobile phone. A user may sign up to the DIET service by texting in the keyword “DIET”. Message & data rates may apply. 5 msgs/week. You may opt out of text alerts via the online portal or by texting “STOP” to opt out. For help text “HELP”. In addition to signing up and agreeing via your cell phone, you may also sign up and agree to these terms through our website.

SMS TERMS OF SERVICE
Use of our text message-based services is subject to the following. The Wireless Carriers are not liable for delayed or undelivered messages. Please note: Message & Data Rates May Apply.

Help
To obtain help you may:

  1. Text “HELP” to obtain help on your mobile phone.
  2. Email us at: [email protected]
  3. Call us at: (855) 976-2041 M-F 9am-5pm Eastern Time.

Terminating the Service
You may terminate any of the Services or subscriptions at any time by texting “STOP”.

Frequency of Messaging
Text alerts are delivered 5 msgs/week.

Fees
NutraCell does not charge you to participate in the DIET Service. However, message and data rates may apply from your wireless carrier. Please consult your wireless carrier for applicable text messaging fees. Under no circumstances will NutraCell be responsible for fees that your wireless carrier may charge you for use of The DIET service. 

Privacy
NutraCell respects and protects your privacy. We do not share any information collected.  To see our Privacy Policy, click here here

Limitations on Use
You must be at least 17 years old to register for and use the DIET service. If you are under 17 years old, please obtain your parents’ permission before you sign up for the DIET service. 

Supported Carriers
Mobile carriers are not liable for delayed or undelivered messages.
Participating carriers include T-Mobile®, Verizon Wireless, AT&T, Sprint, Boost, U.S. Cellular®, MetroPCS, Virgin Mobile, and Cricket.

Support Issues, Canceling or Unsubscribing
You may opt out of the DIET service at any time by texting STOPQUITENDCANCELUNSUBSCRIBE, or STOP ALL. Alternatively, you can send an email to [email protected] with your mobile phone number as the subject line. For help or other support issues, you can also send an email to [email protected]. Text HELP  from your mobile phone or call the following toll-free phone number: (855) 682-3334

Ownership; Trademarks; Modifications to Offers
You agree that NutraCell or its partners will own all legal right, title and interest in and to the DIET services and any offers made through the DIET services, including any intellectual property rights. You agree that you shall not alter or modify any offers made through the DIET service, and shall not remove, obscure or alter any proprietary rights notices (including copyright or trademark notices) which made be affixed to the DIET services or offers made through the DIET services. Except as may be expressly authorized by a partner, you agree that you will not use any Trademark, service mark, trade name, or logo (“Trademarks”) of any entity in a way that is likely to or intended to cause confusion with respect to ownership of a Trademark, or that is likely to or intended to be detrimental to the goodwill in such Trademarks. 

Termination
NutraCell reserves the right, at our sole discretion, to terminate your subscription at any time without notice or without future obligation.

Disclaimer of Warranties
NutraCell makes no warranties, express or implied regarding the DIET service. The DIET service is provided “as is” and on an “as available” basis, and NutraCell DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Factors beyond the control of NutraCell including without limitation, the speed of the mobile carrier networks and the internet may affect the performance of the DIET Service. NutraCell is not responsible for any acts that are beyond the control of NutraCell.

Limitation of Liability
Under no circumstances will NutraCell, its officers, directors, employees, or agents be liable to you for any damages whatsoever with respect to your use of the DIET service. Including without limitation, any direct, indirect, incidental, consequential, exemplary or special damages even if advised of the possibility of the same. To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, NutraCell will be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance, and notwithstanding the foregoing, in no event will NutraCell be liable for any damages or liability arising under these terms of use or your use of the DIET service that exceeds US $500. 

Indemnity
You agree to indemnify and hold each Company party harmless from any claim or demand, and any damages, costs, or expenses arising in connection with such claim or demand, including reasonable attorneys’ fees and costs, made by any other party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the right of another party. 

Governing Law; Venue
This agreement and its validity, construction and performance will be governed in all respects by the laws, and in the state and federal courts of the state of Virginia, without regard to its choice of law provisions. You irrevocably agree to accept the exclusive personal jurisdiction and waive any objections to the venue of such courts.