Terms & Conditions

Terms of Service

Last modified May 2023

Welcome to www.nourishher.com (“Website”). This Website is created and run by Amelia Sherry Nutrition PLLC.

Before enrolling in any of NourishHer Services, we recommend that you thoroughly read through these Terms of Service (“Terms”) and the Privacy Policy (“Policy”) (found here: https://www.nourishher.com/privacy-policy).

The Terms and Policy apply to courses, services, and anything posted on the Website (together, “Services”) offered by NourishHer.com.

By enrolling in any of the Services, you verify that you have read these Terms, and agree to them. Your agreement signifies that you are at least 18 years old and eligible by law to enroll in these Services. You agree by using these Services that you have provided true information as requested on the registration forms.

You may not enroll in any of the Services without agreeing to the Terms of Service. We reserve the right to change or modify these Terms at any time. Any and all updates made are effective immediately, and you will be notified of any changes via email and/or prominent notification on the website.

By agreeing to the changes, you may continue to use our Services. If at any time you no longer agree to the Terms, you must immediately cancel your account & suspend your use of our Services. If you violate any of the Terms of Service, we reserve the right to terminate your account. We also reserve the right to refuse service to anyone at any time, for any reason. If you have any questions whatsoever about the content of these terms, please email us at amelia@nourishher.com.

By enrolling in any of our Services, you agree to be solely responsible for maintaining the security of your account. We are not responsible for any fraudulent charges made on your account, or stolen logins or passwords. You agree to notify us immediately at amelia@nourishher.com if any suspicious activity has occurred on your account.

Please be aware that agreeing to these Terms by using the Services holds the same weight as a written and signed contract. You agree that you will not challenge the enforceability of these Terms based on the fact that they are electronic.

Additional Information

Please also review our Privacy Policy located here: www.nourishher.com/privacy-policy

Limitation of Liability

All Services are provided to the best of our ability. However, there is always a chance that something unforeseen may occur.

We will do our absolute best to deliver our Services in full and on time, but if some unforeseen event prevents this, you agree to not hold us liable for any fees beyond those paid for our Services.

Purchase & Use Information

You will be billed for our Services through our payment processor, Stripe.

If you enroll in a recurring payment plan for our Services, you are committing to an automatic monthly recurring charge on your credit card for the duration of the selected plan. For monthly website support plans, all plans require a 6-month minimum subscription. After that, Services are continued automatically on a month-to-month basis and can be cancelled at any time.

We are not able to offer prorated refunds at this time. Once payment has been processed and Services have been rendered, the payment is non-refundable.

If you are dissatisfied with any portion of the Services, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue using the Services.

If you desire to cancel your subscription to our Services, you may do so at any time by emailing us at amelia@nourishher.com.

If you enrolled in a payment plan for a fixed amount of months and have not yet completed your payments for that plan, you will lose access to the Services at the time of cancellation and the amount already paid will not be refunded.

If you have committed to a six-month plan for one of our Website Support plans, please note that you are obligated to complete the six payments in full, even if you desire to discontinue services before the six months are up.

Each account for our Services is to be used by one person only.

Communication

By purchasing a Service, you agree to receive electronic communication from us at the email address provided upon purchase.

Third Party Links

Some pages within this website or shared during the fulfillment of our Services will contain outbound links to other websites that contain relevant content or recommended resources. You acknowledge and agree that we are not responsible for the availability of these websites, and we do not endorse and are not responsible for any advertisements featured on these websites. You agree that we will never be held liable (directly or indirectly) for any losses, damages, or health concerns that may have been incurred from your use of materials, services, or content on these websites. You agree that you will use the content from these websites at your own risk.

Reviews

At times we may provide reviews of various products, services, or other resources like books, services, or software. These reviews represent the unique and honest opinions of the author and are not influenced by any free or reduced pricing received by creating a review. Any discounts or incentives received for recommending a product will always be fully disclosed. You should always conduct your own research before purchasing any product, and not rely solely on the information provided on this Website.

Affiliate Links

At times we may include affiliate links on the Website or within emails and downloads associated with our Services. This means that we may earn a commission at no additional cost to you for any purchases made through those links. We pledge to only enter into affiliate relationships with products and services that we believe in and think provide value to our customers. All affiliate links will be fully and clearly disclosed. You should always conduct your own research before purchasing any product, and not rely solely on the information provided on this Website.

Testimonials

At times we may include testimonials from customers of the Services offered on this Website. All testimonials are actual statements made by actual customers and are truthfully represented on this Website.

Although these testimonials are truthful statements about results obtained by customers, these results are in no way claimed to be typical or guaranteed. You specifically recognize and agree that our testimonials are not a guarantee of results that you or anyone else will obtain by using any products or services offered on this Website.

Service Disclaimer

We do our best to ensure the continued service of the Website and Services. In the event of any emergency repairs, natural disasters, or unforeseen technological errors that may interrupt our Services, you agree to under no conditions hold us liable for any losses, lack of availability, discontinuance, suspension, or termination of our Services. You agree that your access and use of Services is on an ‘As Is” and “As Available” condition.

We also reserve the right to modify Services at any time, and will not be held liable for any price increases, service changes, or discontinuation of Services. We are not responsible for any technical malfunctions of online systems, servers, service providers, or email accounts that prevent the timely delivery of our Services. We are also not responsible for any damages that may occur from downloading any content from the Website. Use of these Services is at your own risk.

No Guarantees

We make no guarantees in regards to any of the recommendations or advice given on the Website or other Services. While the advice provided may have worked for us or others, there is no guarantee that it will also work for you, or that if you do the exact same steps you will see the same results. Please use and implement the advice at your own risk.

For Educational and Informational Purposes Only

The information found on this Website, Services, and other resources available for streaming or download on this website or forum is for educational and informational purposes only.

Not Medical or Health Advice

The information found on this Website, Services, and other resources available for download on this website or forum or via the Practice Better Platform is not intended to, and shall not be understood or construed as, medical or health advice. While we are dietitians and may provide occasional information on health-related topics, we are not physicians, and the information on the Website is not a substitute for advice from a professional who is familiar with your unique situation.

The information on the Website and any downloadable resources are, to our knowledge, as accurate as possible, but they should not be used as a substitute for professional medical advice or construed as a recommendation that you should not speak with a medical professional for your specific situation. We expressly recommend that you consult with a medical professional before taking any action.

Neither we nor any of our guest speakers, content creators, or consultants shall be held liable or responsible for any errors or omissions on this website or for any damage you may suffer from failing to seek individualized advice from a medical professional.

Indemnification

You agree to hold us harmless and indemnify us from and against any third-party claim(s) arising from your use of our Services. This includes any liability or expenses arising from all claims, losses, damages, suits, judgments, litigation costs, and attorney fees. You also agree to relinquish any and all rights or benefits you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

Applicable Law

You agree that by using our Services, the laws of New York will govern these Terms and any dispute that may arise between you and the company.

Intellectual Property Rights

All content available on the Website and within the Services is written in the author’s own words, unless otherwise indicated. All the materials available on the site are protected by copyright, trademark, and other intellectual property laws. You agree to use the site solely for personal noncommercial use. Unauthorized copying, reproducing, republishing, downloading, uploading, posting, transmitting, translating, selling, exploiting, distributing, or creating derivative works of the information without our explicit consent is not allowed and will be prosecuted to the fullest extent available under the law. This includes transmitting the information via email or other electronic means without consent. You are allowed to print the material for personal, non-commercial use, but may not share it with others.

By posting any information on our site, including comments or information on discussion boards in Practice Better or social media, you agree that you are not violating any copyright or intellectual property laws. You also agree that we are not obligated to keep any comments private, to pay users for comments, or to respond to any comments. Once comments are left, they become our intellectual property.

You agree to refrain from posting comments that may be libelous, profane, abusive, or obscene. We reserve the right to delete or block comments made by users at any time, for any reason, and without explanation. We also reserve the right to disclose your information and/or identity to any third party who files a complaint that your comment has violated their copyright or intellectual property rights.

We have the right and may be required by law to comply with any law enforcement investigations or court orders that require the release of identifying information about anyone posting content on this Website. You agree to waive and hold us harmless from any claims that may result from any of these types of investigations.

While we will do our best to review content regularly, we are under no obligation to remove offensive or objectionable material as soon as it is posted. We are not held liable for any violations made by users of the Website. You agree to access the content and Services at your own risk.

You may hyperlink back to our site, as long as the link does not imply that we sponsor or endorse anything on your site without our express consent. However, you may NOT frame or inline link any of the content of the Website or incorporate into another website or other service, any of our material, content, or intellectual property without prior written permission.

Disclaimers

The information and Services offered by us on the Website are provided on an “as-is” basis, with no express or implied warranties of any kind. We disclaim all warranties to the fullest extent allowable under the law, including any implied warranties of the use of the information for any particular purpose. We do not warrant that the site or its contents will be error-free, accurate, timely, or reliable, although efforts will be made to correct errors when found.

Some content may include advice from guests who are not affiliated with Amelia Sherry Nutrition PLLC. We make no claims unto the accuracy or validity of any advice given by these guests. All individuals who provide guest contributions to the site agree to give us the intellectual property rights to the content.

No Joint Venture or Other Business Relationship

Users and guests of this Website and Services do not have any form of partnership or employment relationship with Amelia Sherry Nutrition PLLC

Contact Information

If you have any questions or concerns about these Terms, please contact us using the following information:

NourishHer

Amelia Sherry Nutrition PLLC

40 Maple Avenue

Hastings, NY 1076

amelia@nourishher.com

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