TERMS OF USE
[30-SEP-2023]
Description and use of our Websites
Nourish Your LIfestyle LLC provides the content and services available on this website to offer visitors an insight into our holistic approach towards promoting a balanced lifestyle, sharing resources, courses, articles, and other related materials. By accessing, browsing, and using our website, users can benefit from our offerings and participate in our community. Hereinafter, this platform shall be referred to as the “Site.”
Purpose: The Site’s primary aim is to support and guide individuals in nourishing their lifestyles. This includes, but is not limited to, offering educational resources, interactive courses, blog posts, and community interactions.
Access and Use: All users are encouraged to freely navigate the Site and utilize the resources for personal, non-commercial purposes. Any commercial use of the Site or its content is prohibited unless expressly permitted by us.
Registration: While parts of the Site are accessible to all visitors, certain sections or features may require users to register or create an account. Registration ensures a more personalized experience and access to specific services, materials, or community interactions.
Updates & Changes: We continuously strive to improve and enrich the user experience. As such, we may periodically update, modify, or expand the services and content offered on the Site. While we aim to ensure the website remains up-to-date and accurate, there may be instances where information needs correction or updating.
User Responsibilities: Users are expected to use the Site responsibly and ethically. This means respecting all terms of use, community guidelines, and not using the Site for unlawful activities or purposes.
By accessing and using our Site, you agree to adhere to the guidelines and terms set forth in this agreement and all other policies linked herein. If you disagree with any part of these terms, we kindly ask you to refrain from using our Site.
Intellectual Property
Our Websites house a variety of materials such as articles, videos, designs, graphics, photographs, text, images, and other creations crafted by or on behalf of Nourish Your Lifestyle and Cheri Alberts (collectively, the “Content”). This Content may either be our sole property or belong to our licensors or partners, and it’s protected robustly by copyright, trademark, and other intellectual property rights, both under U.S. law and international conventions.
Any Visitor is permitted to view the Content for personal, non-commercial purposes. Registered Users, especially those who have acquired any product or service, have the liberty to download and view the related Content on their personal devices solely for personal and non-commercial use. Beyond the liberties expressed in the preceding statements, no other rights to the Content are granted to you (excluding your own user-generated content that you might post on the Websites), and you should not exploit the Content beyond the stipulations of this Agreement. Activities like selling, licensing, modification, public display, or distribution of the Content for any public or commercial objective are explicitly prohibited unless we’ve granted a written permission. Posting our Content on other websites, social media platforms, or in any networked computer environment is equally forbidden.
Any breach of this Agreement results in an automatic revocation of your rights to access and utilize the Content and our Websites. It further mandates the immediate deletion or destruction of any Content copies you might possess.
The service marks, logos, and trademarks associated with Nourish Your LIfestyle LLC and Cheri Alberts (termed the “Nourish Your Lifestyle Trademarks”) visible on our Websites are either registered or unregistered marks of Nourish Your LIfestyle LLC. The Websites might also feature trademarks or service marks belonging to third parties (together with Nourish Your Lifestyle Trademarks, referred to as the “Trademarks”). No elements on our Websites should hint at granting any license or rights to these Trademarks without a prior, specific written authorization from us. Establishing links using the Trademarks, either to or from any website, is forbidden unless expressly approved by us in advance. All the goodwill stemming from the use of Nourish Your Lifestyle Trademarks shall benefit us exclusively.
Various components of the Websites are shielded by trademark, trade dress, unfair competition, and other legal provisions. These should not be duplicated, mirrored, or imitated, either fully or partially. Transmitting any Content without our specific, written approval for every single instance is expressly prohibited.
Community Guidelines
The Nourish Your Lifestyle community thrives on positive interactions, respect, and shared values that foster growth and understanding. To maintain the quality and integrity of our community, we expect all members and users to adhere to the following guidelines:
Respect and Positivity: Always approach interactions with respect and positivity. Diverse opinions and perspectives are welcome, but personal attacks, trolling, or hate speech will not be tolerated.
Adherence to Laws: Ensure your activities and content shared on the site comply with all applicable local, state, national, and international laws.
No Infringements: Do not post content that infringes upon copyrights, trademarks, or other intellectual property rights. Always credit sources or obtain necessary permissions when sharing third-party content.
Maintain Privacy: Respect the privacy of others. Avoid sharing or posting personal or sensitive information about yourself or others. This includes, but is not limited to, email addresses, phone numbers, and private conversations.
Stay On Topic: When participating in discussions or forums, ensure your contributions remain relevant to the subject at hand.
No Commercial Activities: The community space is not meant for promotions or advertisements. Avoid spamming or posting commercial offers unless expressly permitted.
Authenticity: Be genuine in your interactions and avoid impersonating others or providing misleading information about your identity or affiliations.
Safe Environment: Content that is defamatory, libelous, obscene, or promotes violence or any form of harm towards others will be promptly removed.
No Unauthorized Access: Do not attempt to interrupt the site’s operations, gain unauthorized access to data, or engage in any form of hacking or malicious activities.
Report Concerns: If you encounter content or behavior that violates these guidelines, please report it to our team. We rely on our community members to help maintain a constructive environment.
Nourish Your LIfestyle LLC reserves the right to review and take appropriate actions against any violations of these community guidelines, which may include removal of content, temporary suspension, or permanent banning from the community. By participating in our community, you agree to abide by these guidelines and ensure our space remains welcoming, enriching, and safe for all.
Restrictions
For the benefit of all our users and to protect the integrity of Nourish Your Lifestyle, the following restrictions apply to the use of our website and its features:
Unauthorized Use: Users may not access, use, or copy any portion of the website or its content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms.
Content Modifications: Content retrieved from the website must not be altered, transformed, or added to, and must be displayed in a manner that retains all copyright and other proprietary notices.
User Conduct: Engaging in actions that are harmful, threatening, abusive, harassing, defamatory, slanderous, vulgar, obscene, or invasive of another’s privacy is prohibited.
Data Mining: Unauthorized collection or harvesting of user information, including email addresses or personal details, for any purpose is strictly prohibited.
Interference: Users must not interrupt or attempt to interrupt the operation of the website in any way, or use the website in a manner that adversely affects its availability to others.
Reverse Engineering: Users may not reverse engineer, decompile, disassemble, or attempt to derive the source code of our website or any related technology.
Commercial Exploitation: Without explicit permission, users may not distribute, reproduce, modify, store, transfer, or in any other way use any of the content, including as part of a database or other structured collection.
Misrepresentations: Impersonating another individual or misrepresenting your identity or affiliation with any individual or entity is prohibited.
Virus Distribution: Users are prohibited from posting or transmitting through the website any malicious software or harmful data intended to damage or disrupt the website or another user’s browser or computer.
Violation of Laws: Any activity that violates or encourages the violation of any local, state, national, or international law, order, ordinance, or regulation is prohibited.
Violation of any of these restrictions may result in the termination of your access to the website and may also expose you to civil and/or criminal liability. Nourish Your LIfestyle LLC reserves the right to monitor the use of its website to ensure compliance with these restrictions and may take appropriate action if any violations are identified.
Sign-in Name; Password; Unique Identifiers
Account Creation: To access certain features or areas of our website, you may be required to provide personal and/or demographic information. Based on this, you may be provided with, or allowed to create, a username, password, or other unique identifiers for secure access.
Account Responsibility: You are solely responsible for the confidentiality and use of your sign-in name, password, and unique identifiers. You agree to immediately notify Nourish Your LIfestyle LLC of any unauthorized use or suspected unauthorized use of your account.
Account Security: Nourish Your LIfestyle LLC takes security seriously and takes reasonable steps to protect your account. However, we cannot guarantee absolute security and will not be liable for any unauthorized access or use of your account.
Personal Information: All personal information provided during account creation will be handled in accordance with our Privacy Policy.
Fees and Payment
Charges: Certain products or services on our website may require payment. All charges, fees, and payments associated with our website are stated in U.S. dollars unless otherwise specified.
Billing: By initiating a purchase, you authorize Nourish Your LIfestyle LLC to charge the specified amount to your provided payment method. Any billing information provided must be accurate, complete, and up-to-date.
Refund Policy: Unless otherwise specified, all sales made through our website are final. Any potential refunds or exchanges will be at the discretion of Nourish Your LIfestyle LLC.
Changes in Price: Prices for products or services are subject to change without prior notice. However, once a purchase has been made, the price will remain fixed for that transaction.
Intellectual Property
Ownership: All content on our website, from text and graphics to logos and software, is the property of Nourish Your LIfestyle LLC or its licensors, and is protected by copyright, trademark, and other intellectual property laws.
Limited Rights: Visitors may view and access publicly available content for personal and non-commercial use. Unauthorized use, duplication, distribution, or modification of this content, without prior written consent, is strictly prohibited.
Trademarks: The Nourish Your Lifestyle name, logos, and other related marks are trademarks of Nourish Your LIfestyle LLC. Unauthorized use of these trademarks is prohibited. All rights related to these trademarks are expressly reserved.
Content Protection: Unauthorized use of our content may result in violation of copyright, trademark, and other laws. Users are prohibited from using the content in ways not expressly permitted by this agreement or the rightful owner.
Registered User Content; Licenses
User Content: By posting, uploading, or sharing content on our website, you grant Nourish Your LIfestyle LLC a non-exclusive, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, and display such content for the purpose of operating and providing the services of our website. This does not grant us the right to sell your content or otherwise distribute it outside of our website.
Accuracy: You confirm that any content you provide is accurate, does not violate this Agreement, and you will be responsible for any content you provide. Nourish Your LIfestyle LLC is not responsible for any user-generated content.
Right to Remove: Nourish Your LIfestyle LLC reserves the right, but is not obligated, to review or remove any content that might be violating this Agreement or that is deemed inappropriate, harmful, or offensive, at our sole discretion.
Unsolicited Submissions; Communications with Us
Unsolicited Ideas: While we value feedback from our community, Nourish Your LIfestyle LLC does not accept or consider unsolicited ideas, including those for new promotions, products, services, processes, marketing plans, or new product names. This policy is to avoid potential misunderstandings or disputes if our products or services might seem similar to any ideas submitted to us. So, please do not send any original creative artwork, samples, demos, or other unsolicited works. If, despite our request, you still send us such content, such content will be considered non-confidential and non-proprietary.
Communications: Any questions, comments, suggestions, ideas, feedback, or other information provided by you to Nourish Your LIfestyle LLC are not confidential and you grant us a worldwide, royalty-free license to distribute, publish, reproduce, modify, adapt, publicly display, and use them for any purpose, without obtaining permission from you or providing you with any compensation.
No Warranties; Limitations of Liability
No Warranties: The website and all content, products, and services included in or available through this website are provided “as is” and “as available” for your use. The content is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Nourish Your LIfestyle LLC does not warrant that the content is accurate, reliable, or correct; that the website will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components.
Limitations of Liability: Nourish Your LIfestyle LLC, its licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns will not be liable for any direct, indirect, punitive, incidental, special, consequential, or other damages, including loss of profits, arising out of or in any way related to the use of this website (including any information, products, or services advertised in, obtained on, or provided through the site), whether based in contract, tort, strict liability, or other theory, even if Nourish Your LIfestyle LLC has been advised of the possibility of damages.
External Sites
Links and Third-Party Content: The Nourish Your Lifestyle website may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of these External Sites is developed and provided by others.
Disclaimer: We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. If you decide to access linked External Sites, you do so at your own risk. Your use of External Sites is subject to the terms of use and privacy policies located on those sites.
Protection: We encourage you to be aware when you leave our website and to read the terms of use and privacy policy of each other website that you visit.
Representations; Warranties; and Indemnification
Representations and Warranties: By using the Nourish Your Lifestyle website, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the website does not violate any applicable law or regulation or any obligation you might have to a third party.
Indemnification: You agree to defend, indemnify, and hold harmless Nourish Your LIfestyle LLC, its officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the website and its contents, or your violation of these Terms & Conditions or any additional rules, guidelines, or terms of use posted for a specific area of the website or content provided on or through the website.
Compliance with Applicable Laws
Lawful Use: You agree to use the Nourish Your Lifestyle website only for lawful purposes and in accordance with these Terms & Conditions. You acknowledge that your conduct that is inconsistent with the provisions of these Terms can subject you to civil and criminal penalties.
International Users: The Nourish Your Lifestyle website is operated from the United States. If you are accessing the website from outside the United States, you must comply with all local laws regarding online conduct and acceptable content.
Export Restrictions: You acknowledge that any products, services, or technical information provided by Nourish Your LIfestyle LLC may be subject to U.S. export controls. You shall comply with all applicable international and national laws that apply to any products, services, or technical information provided by Nourish Your LIfestyle LLC.
Termination of the Agreement
Rights of Termination: Nourish Your LIfestyle LLC reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the website or its content, at any time and for any reason, without prior notice or liability.
Obligations Upon Termination: Upon termination of the Agreement, all rights granted to you will automatically terminate and immediately revert to Nourish Your LIfestyle LLC and its licensors. All disclaimers, indemnities, and exclusions in this agreement shall survive termination.
Digital Millennium Copyright Act
Infringement Notices: If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the necessary information. Nourish Your LIfestyle LLC respects the intellectual property rights of others and will respond promptly to any claims of copyright infringement.
Counter-Notices: If you believe your content that was removed is not infringing, or that you have the authorization to post the content, you may send a counter-notice.
Controlling Law
This Agreement and any action related thereto will be governed by the laws of the United States and the applicable state laws without regard to its conflict of laws principles.
Binding Arbitration
In the event of a dispute arising under or relating to this Agreement, the content, or the website (each, a “Dispute”), the parties agree to first undergo a formal negotiation. If the Dispute is not resolved through negotiation, then the Dispute will be resolved by binding arbitration governed by the Federal Arbitration Act and administered by a reputable arbitration organization of our choosing.
Class Action Waiver
You agree that any arbitration or court proceeding shall be limited to the dispute between us and you individually. You hereby waive any right to, and agree not to bring or participate in, any class action or other representative action in connection with any Dispute.
Equitable Relief
You acknowledge that a breach of any confidentiality or proprietary rights provision of this Agreement may cause Nourish Your LIfestyle LLC irreparable damage, for which the award of damages would not be adequate compensation. Consequently, Nourish Your LIfestyle LLC may seek an injunction to prevent you from taking any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive.
Miscellaneous
This Agreement constitutes the entire agreement between the parties hereto concerning the subject matter contained herein. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
