Terms of Use

 

Last Updated: July 2025

 

Welcome to the Enhanced Medical Nutrition, Inc. (“EMN,” “we,” “us,” or “our”), the manufacturer of the ENROUTE® product, website.  These Terms of Use (“Terms”) apply to your personal use of the EMN websites athttps://www.emn.health/, and all technology supporting the websites and services offered therein (collectively the “Online Services”). We make the Online Services available to you (sometimes referred to as “user,” or “your”) subject to your agreement with all of the terms and conditions below.

This is a binding contract between you and us. Please read these terms carefully.

 

1.     Acceptance of Terms

By accessing or using the Online Services in any manner, you accept these Terms. These Terms include all information, notices, and policies (including the internet privacy notice) and any supplemental terms that are hyperlinked within the Online Services.   If you disagree with any of the terms or conditions herein, you must immediately stop all use of the Online Services and leave the websites. Your access or use of the Online Services binds you to the Terms. In the event of termination of any Online Service, you agree to continue to be bound by the obligations set forth under the Terms.

 

2.     No Medical Advice

This Website may contain general information relating to various medical conditions and their treatment.  Such information is provided for informational purposes only and is not a substitute for advice provided by a doctor or other qualified health provider.  You should not use the information contained herein for diagnosing a health problem or disease.  You should always consult with your provider for medical advice or information about diagnosis or treatment.  For the avoidance of doubt, EMN and the Online Services do not provide any health diagnosis or treatment, and do not offer any medical opinions or advice that might constitute as healthcare.

You are responsible for evaluating specific medical providers, treatments, information, content, products, and services that may be available through the Online Services. We do not make any guarantee about the relationship between you and us or any health care provider, or whether any information, products, or services you find on the Online Services will help you achieve the result(s) you want.  By using the websites and Online Services, you specifically agree and acknowledge that you are not relying on any information or representation by EMN to make any health-related decision about you or anyone else.  Further, you specifically agree and acknowledge that EMN is not providing you with healthcare services of any kind or medical advice.  EMN DISCLAIMS AND MAKES NO WARRANTY, GUARANTEE, OR OTHER REPRESENTATION REGARDING ANY HEALTH OUTCOME AS A RESULT OF YOUR USE OF THE ONLINE SERVICES OR YOUR PURCHASE OF ANY PRODUCT OR SERVICE FROM EMN. 

 

3.     Your Right to Access the Online Services

We grant you a limited, revocable, non-transferable, and non-exclusive right to access and use the Online Services for your personal use only. We may terminate, in our sole discretion, your right to use the Online Services if you use the Online Services in excess of this limited right. We do not guarantee the accuracy of the Online Services. We retain the right to revoke this right or disable or deny access to our Online Services to any user for any reason.

 

4.     Our Content

We strive to post accurate and up-to-date information, content, applications, and materials on the Online Services (“Our Content”). We grant you a limited, revocable, non-transferable right to use Our Content for your personal use. Our Content is either (1) authored or produced by our staff, or (2) licensed from outside sources. We do not guarantee the accuracy of Our Content. 

Some links available from the Online Services may direct you to third-party websites or content over which EMN has no control. Your use of any such third-party content is at your own risk. We make no representations whatsoever about any other website that you may access through the Online Services. EMN makes no representations, warranties, or guarantees regarding the accuracy, reliability, or safety of any information, products, or services provided by these third parties. 

We retain all ownership rights, control, or licenses to Our Content. Except as expressly permitted by these Terms, you and any other individual(s) are expressly prohibited from reproducing, duplicating, copying, publishing, selling or otherwise exploiting Our Content. We may terminate, in our sole discretion, your right to use Our Content for any reason.

 

5.     Our Intellectual Property Rights.

The “look and feel” of the Online Services and Our Content including, text, graphics, logos, button icons, photos, images, forms, audio, video, questionnaires, and software, is our property or our licensors’ property (“Our IP”). Our IP is subject to all applicable copyright, patent, trademark, and various other intellectual property laws under United States law, foreign laws, and international conventions. Except as provided in the next paragraph, you are expressly prohibited from reproducing, duplicating, copying, publishing, selling or otherwise exploiting for any commercial purpose Our IP, in whole or in part, for any reason, unless prior written consent is obtained from the copyright holder(s). Copyright 2016[MM1]  to 2025. All rights reserved for all countries.

We grant you a limited, revocable, non-transferable license to view and use Our IP for your personal use only, provided that such use of Our IP is limited to within the Online Services, without the right to print, except you may print these Terms for your personal use to review the Terms.  Any automated process or use of a bot for this purpose is strictly prohibited and the limited license is not granted for such use. Unless specifically authorized in writing by us, any other use of Our IP is expressly prohibited. Any rights not expressly granted by these Terms or any applicable end-user license agreements are reserved by us.

 

6.     Testimonials

 

To promote your interests and improve your overall experience with the Online Services, you may submit testimonials, reviews, or similar content to us (“Testimonial”).. By submitting a Testimonial, you provide us and our service providers an unrestricted, perpetual, worldwide license to use, reproduce, translate, adapt, publish, publicly display, and distribute your Testimonial in any format or medium. You warrant and represent you have the necessary rights to grant us and our service providers a license to your content. This license continues even if you stop using the Online Services.

7.     Your Suggestions

If you elect to make available or provide suggestions, comments, ideas, improvements, feedback, or other information or materials to us (“Your Suggestions”), in any manner, in connection with or related to the Online Services, you grant us a non-exclusive, perpetual, royalty-free, irrevocable right to use, reproduce, duplicate, copy, publish, sell or otherwise exploit for any commercial purpose Your Suggestions. You agree that you forgo any right to compensation for Your Suggestions.

 

8.     Prohibited Use

You agree that you will not use the Online Services to:

a.     Delete, hack, or attempt to change or alter Our Content, Our IP, or notices;

b.     Use any device, software to damage or interfere with the Online Services, servers, or networks connected to the Online Services;

c.     Use any automatic or manual device or process to harvest or compile information from the Online Services;

d.     Copy, modify, create derivative works, reverse engineer, decompile, or disassemble the source code upon which the Online Services are based;

e.     Introduce any malicious software, viruses, bugs, or malware into the Online Services designed to harm the Online Services;

f.      Use Our Content or Our IP in any manner that misappropriates or infringes the Intellectual Property rights of another individual;

g.     Attempt to gain unauthorized access to another individual’s personal information, non-personal information, or PHI;

h.     Post, upload, or transmit photos or videos of another individual without express, written permission from the individual;

i.      Send junk mail, unauthorized e-mail, or advertisements;

j.      Encourage any illegal activities or post obscene, defamatory, threatening, abusive, or hateful content directed at another individual; and

k.     Violate any applicable laws or regulations.

 

9.     Disclaimer of Warranties

We provide the Online Services and all information, content, materials, and products (including software) made available to you through the Online Services (including hyperlinked websites), on an "as is" and "as available" basis.  Neither we nor any third party make any representations or warranties of any kind, either express or implied, as to the operation of or the information, content, materials, and products made available to you through the Online Services.

To the fullest extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. No oral or written information or advice contained in the Online Services shall create a warranty nor increase the scope of this warranty.

Certain state laws may not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations shall be reformed to the maximum limitation permitted by applicable law.

 

10.  Limitation of Liability

This section limits our liability to you.

In no event and under no circumstances whatsoever shall we or any of our sponsors, members, affiliates, subsidiaries, employees, contractors, agents, representatives, successors or assigns or any other related persons or entities be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to the Online Services, its related services and products, content contained within the Online Services and/or any hyperlinked website, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Online Services, its related services and/or hyperlinked websites is to stop using the Online Services and/or those services.

Certain state laws may not allow for the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations shall be reformed to the maximum limitation permitted by applicable law.

IN NO EVENT SHALL ANY CLAIM FOR DAMAGES BY YOU AGAINST US EXCEED THE AMOUNT OF MONEY YOU SPENT TO OBTAIN ANY PRODUCT OR SERVICE YOU PURCHASED BY WAY OF THE ONLINE SERVICES.

 

11.  Indemnity

You agree to defend, indemnify, and hold us, our officers, members, directors, employees, contractors, and agents (“Indemnified Party” or collectively “Indemnified Parties”), from and against any and all claims, actions, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of all or part of the Online Services; (b) any personal information you provide to the Online Services; (c) an alleged or actual breach by you of these Terms; (d) your infringement or misappropriation of Our IP; or (e) any negligence or willful misconduct by you.

You will defend the Indemnified Parties, at your expense, from any claim, liability, damage, or loss or expense, referenced above; provided, however, you will not obligate the Indemnified Parties in any respect in connection with any settlement without the prior written consent of an Indemnified Party. If you fail to assume your obligation to defend, the Indemnified Parties may do so to protect their interests and you will reimburse all costs incurred by an Indemnified Party in connection with such defense, including attorneys’ fees and costs and expenses.

 

12.  Choice of Law

These Terms and all claims brought by or against EMN, whether sounding in tort or contract, are governed by the laws of the State of California, USA, exclusive of its choice of law rules.

 

13.  Dispute Resolution

 

a.     Arbitration

You agree that any dispute, action, or claim relating in any manner to these Terms or the Online Services will be resolved, individually and not in a class action, by binding arbitration in San Francisco County, California pursuant to the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part, of these Terms is void or voidable. Notwithstanding the foregoing, either party may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco County, California as necessary to protect the party’s rights or property.

b.     Class Action Waiver

By agreeing to these Terms, you agree that any dispute, action, or claim will be resolved on an individual basis and not in a class action, consolidated action, or representative action. If, for any reason, any dispute, action, or claim proceeds in court rather than in arbitration, you agree to only bring your claim on an individual basis and not as part of a class action, consolidated action, or representative action. You agree to waive any rights that you may have to bring a claim in a class action, consolidated action, or representative action.

 

14.  Miscellaneous

 

a.     Changes to these Terms

We may revise and update the Terms and will post the updated Terms to the Online Services. Unless otherwise stated in the amended version of the Terms, any changes to the Terms will apply immediately upon posting. Your use of the Online Services will constitute your agreement to the updated Terms.  It is your responsibility to be familiar with the Terms and you should regularly review the websites and the Online Services to see the latest Terms.

b.     Severability

If any portion of these Terms are held unenforceable, the unenforceable portion shall be construed to the greatest extent possible under applicable law.

c.     No Waivers

Our failure to enforce or exercise our rights under or provision of the Terms, does not constitute a waiver of that right or provision.

d.     No Assignments or Transfers

You may not assign or transfer any rights provided to you under these Terms to a third party, without our prior written consent which we may withhold, in our sole discretion, for any reason.

e.     No Third-Party Beneficiaries

Nothing in these Terms will confer upon any third party, not a party to these Terms, any rights, remedies, obligations, or liabilities whatsoever.

f.      Entire Agreement

These Terms constitute the entire agreement between you and us relating to your use of Online Services and supersedes any prior or contemporaneous agreements or representations. The Terms may not be amended except as set forth herein. 

g.     Notices

You may send us any questions, concerns, or relevant notices to the contact information provided below. You agree to receive all communications from us by e-mail. You are responsible for providing us with up-to-date contact information, which you may do by sending a message to us. You agree that all communications that we send to you electronically satisfy any legal requirement that a communication be in writing. You may print the communications for your records.

h.     Contact Us

If you have any questions about these Terms, please contact us at:

 

Enhanced Medical Nutrition Inc.

44 Gerrard St. E

Toronto ON, Canada

M5B 1G3

Attn: Eric Zimmerman

Email: info@emnhealth.com