Terms & Conditions

Nourished Body and Mind, LLC TERMS & CONDITIONS

TERMS AND CONDITIONS

BY VISITING nourishedbodyandmind.com, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS

OVERVIEW

By using nourishedbodyandmind.com, a Copyrighted work belonging to the Company (as defined herein), referred to as this “Site”, all visitors, referred to as “user”, “you” and “your,” are bound by these Terms and Conditions. The terms “we”, “us”, and “our” refer to Nourished Body and Mind, LLC (“Company”). By accessing any area of this Site shall be deemed a use of the Site and an acceptance to the terms and conditions provided herein.

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. THEY GOVERN YOUR USE OF THE COMPANY WEBSITE OR MOBILE APPLICATION SITE. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU ARE RECEIVING A BENEFIT FROM THE COMPANY AND THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (WITHOUT MODIFICATION), INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS MADE BY THE COMPANY (collectively, the “Terms”). IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE FOLLOWING TERMS AND CONDITIONS (WITHOUT MODIFICATION), WE RECOMMEND THAT YOU REFRAIN FROM USING THE WEBSITE.

PRODUCT OFFERINGS

Please be aware that some products, services, or product features described on the Website may not be available in your jurisdiction and generally may not be available outside of the United States. The laws of each country, state, or territory may differ and not all products and services are available in all locations. References to products or services unavailable in your jurisdiction do not imply that these products will be made available to you, and nothing on the Website shall be considered a solicitation to buy or sell a service to any person in any jurisdiction where such offer or solicitation, purchase or sale would be unlawful under the laws of that jurisdiction.

INTELLECTUAL PROPERTY

All of the information and content on the Website including but not limited to all text, graphics, software applications and code, video, audio, and user interface design (the “Content”) is the property of the Company, or its affiliates, if any, or is being used by the Company with the express permission of a licensor, and is protected by Copyright laws throughout the world.
You may not modify, reproduce, copy, distribute, transmit, display, publish, download or upload, sell, license, create derivative works of or use any aspect of the Site or its Content for commercial or public purposes or for any other purpose not expressly permitted by these Terms. The use of the Content on any other website or in a networked computer environment for any purpose, or any other publication, republication, redistribution or use of the Content, including, without limitation, framing the Content within another site, is expressly prohibited without the prior written consent of the Company which may be withheld at the sole discretion of the Company. The Company grants Users a limited license to reproduce portions of the Website for the sole purpose of off-line review of the Content in connection with your application for employment with the Company or your status as a customer, current or potential, of the Company’s. All copyright and other proprietary notices on any Website Content must be retained on any copies. Any unauthorized reproduction or modification, distribution, or performance of any Website Content is strictly prohibited. The Company and its licensors reserve all rights not granted in these Terms of Use.

All trademarks, logos, URLs and domain names and service marks (each a “Mark” and collectively the “Marks”), registered or not, including without limitation “Nourished Body and Mind,” displayed on the Site, are property of the Company or otherwise the property of other third parties. You are not permitted to use, copy, download, display, transmit or modify any of these Marks in any way without the prior written consent of the rightful owner of the Mark. You may not include the Company name, any mark or any variation of the foregoing, as a metatag, hidden textual element, or any other indicator that may create an impression or affiliation, sponsorship, endorsement or any other relationship between you and the Site or the Company.

SITE USE

Information provided on the Site and related to our service of Coaching (the “Service”) is subject to change. The Company reserves the right, at any time, to modify the Site, the Content or to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that the Company will not be liable to you or to any third party for any modification of the Site or the Content or modification, suspension, or discontinuance of the Site. Company makes no representation or warranty that the information provided is accurate.
In order to use the Site and Service, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to Company will always be accurate, correct and up to date. You shall only be allowed to provide your own personal information and not the information of others.
You may use the Site and Service for lawful purposes only. You shall not post on the Site anything that is false, defamatory, misrepresenting, or would interfere with or restrict any other user from using the Site. This includes, but is not limited to, posting anything unlawful, obscene, libelous, indecent, invasive of privacy, or anything that would cause the potential for civil liability or criminal charges.
Failure to comply with the terms and conditions listed here may cause you to be removed from the Site.

FEEDBACK

All feedback (the “Feedback”) submitted to the Company via this Site shall be deemed and remain the property of the Company. The Company may use such Feedback, for any purpose, anywhere and in any format, any ideas, concepts, know-how or techniques contained in the Feedback provided by the Users. So that we may incorporate such Feedback into the Company’s Website and/or services, the Company alone will own all right, title and interest, including all related intellectual property rights, in and to all such Feedback submitted by any User. The Company shall not be subject to any obligations of confidentiality regarding such information, except as specifically stated, if at all, in our Privacy Policy, specifically agreed to or otherwise required by law. The Company advises its Users that the Company does not want to receive and prohibits Users from providing any feedback containing information that may reasonably be found to be defamatory, threatening, obscene, harassing or otherwise unlawful or offensive, or that incorporate the proprietary material of another without authority.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL COMPANY OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, OR OTHERWISE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE. ADDITIONALLY, COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S CUMULATIVE LIABILITY TO YOU EXCEED $100.
WARRANTY DISCLAIMER
THE COMPANY IS PROVIDING THE WEBSITE AND THE WEBSITE CONTENT ON AN “AS IS” BASIS FOR USE AT YOUR OWN RISK.THE COMPANY ENDEAVORS TO PROVIDE UP TO DATE CONTENT ON THE WEBSITE; HOWEVER, THE COMPANY MAKES NO SUCH GUARANTEES. THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT , MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND QUIET ENJOYMENT. THE COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE WEBSITE CONTENT OR THE INFORMATION PROVIDED ON THE WEBSITE. INFORMATION AT THIS WEBSITE MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THIS WEBSITE AND MAY CONTAIN ERRORS. THE CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE SUITABILITY, USEFULNESS OR EXPECTED RESULTS OF THE CONTENT, SERVICES, PRODUCTS OR FUNCTIONS PROVIDED ON THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES IN WHICH EVENT ANY REQUIRED WARRANTY APPLIES TO THE MINIMUM EXTENT LEGALLY REQUIRED.

THIRD PARTIES

The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the information or services of these third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Company. Unless otherwise stated, these Terms and Conditions only cover the use of this Site. Any other link will be covered by the terms and conditions of that specific site. You acknowledge and accept that we are not responsible for the terms or practices of third parties. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

AMENDMENT

The Terms are subject to occasional revision. Please review them periodically for current information. If the Company makes any substantial changes, the Company will notify you by sending you an e-mail to the last e-mail address you provided to the Company (if any the Company may have in its records) or by prominently posting notice of the changes on the Site. Any material changes to these Terms of Use will be effective upon ten (10) calendar days following the Company’s posting of notice of the changes on the Site. These changes will be effective immediately for new users of the Site. Continued use of the Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of this Site.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all claims, actions or demands, liabilities and settlements, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, resulting from your violation of these Terms and Conditions, or any use by you of the Site or Service. You shall bear the sole financial burden in connection with any such defense, including, without limitation, providing us with such information, documentation and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

GOVERNING LAW; VENUE; MEDIATION

This Agreement shall be construed in accordance with, and governed by, the laws of the State of Maryland, exclusive of its choice of law rules. By using this Website, you hereby expressly consent to the personal jurisdiction and venue in the state and federal courts for Maryland for any lawsuit filed there against you by the Company arising from or related to these Terms of Use. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions first by good faith negotiation. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Potomac, Maryland and any such award shall be binding on the parties. The prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

SECURITY

Users should be aware that in general, information sent through the Internet is not secure. Email services that may be provided through this Site generally are not encrypted and do not provide a secure and private means of communication with us. Certain noted services offered on this Website do provide a secure means to communicate with us. For certain types of communications through this Site, we may require you to use User identification information (the “User ID”) and passwords. You are responsible for the confidentiality and use of your User ID, password, and any other information that the Company or the Site may request or require, from time to time. If you become aware of any loss, theft or unauthorized use of your User ID, password or any other information that the Company or the Site may request or require, from time to time, you must immediately notify the Company.

MISCELLANEOUS

Should any provision of these Terms and Conditions be or become invalid, illegal, or unenforceable under applicable law, the other provisions shall not be affected and shall remain in full force and effect and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum.These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable; any transfer, assignment or delegation by you is invalid.
These Terms and Conditions constitute the entire agreement between the parties with respect to its relationship and supersede all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. No waiver of any of the provisions shall bind either party unless set forth in a writing specifying such waiver, consent or amendment signed by both parties.
The headings of these Terms and Conditions are provided for convenience only and shall not affect its construction or interpretation.

CHILDREN

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions.

Updated: February, 2015

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