Disclaimer, Terms, & Conditions
Please read these Terms and Conditions carefully before using this Website or any content originating from this Website. These Terms and Conditions contain important information about your rights and obligations, as well as limitations and exclusions. By using this Website or by ordering any product from Nourishing Brands LLC or NBIP LLC (collectively, the “Companies“), you confirm your unconditional agreement to, and acceptance of, these Terms and Conditions. If you elect not to accept these Terms and Conditions, do not use this website.
By using our Website, you agree to these Terms and Conditions of Use (“Terms and Conditions“). We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms and Conditions at any time. You should check these Terms and Conditions periodically for changes. By using this Website after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms and Conditions, you should not use our Website and, if applicable, you should arrange to cancel your registered user account or subscription with us.
1. Scope of Terms and Conditions
Unless indicated otherwise, these Terms and Conditions apply to your use of the websites which are owned or operated by any of the Companies or and affiliates of the Companies (the Companies and such affiliates, collectively, “we,” “us,” or “our“), including, without limitation, this website and any other website that we may own or operate currently or in the future (collectively, our “Website“). For purposes of these Terms and Conditions, “affiliates” shall mean any entity or person, directly or indirectly, owning a controlling interest in, owned by, or under common ownership control with the Companies.
2. Terms and Conditions – In General
By using this Website and/or our Paid Products (as hereinafter defined), you agree to be legally bound and to abide by these Terms and Conditions, just as if you had signed these Terms and Conditions. If you do not comply with these Terms and Conditions at any time, we reserve the right to cancel or terminate your password, user account, and/or access to this Website (or any part thereof) and/or our Paid Products. In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website or our Paid Products, including, but not limited to, (i) restricting the time the Website and/or a Fee-Based Product is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Website and/or any of our Paid Products. You agree that any termination or cancellation of your access to, or use of, the Website and/or our Paid Products may be effected without prior notice. If you do not abide by the terms of these Terms and Conditions, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, our Website (or part thereof) and/or our Paid Products. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Website and/or our Paid Products, except for a refund of any fees or charges prepaid by you with respect to our Paid Products in accordance with paragraph 21 of these Terms and Conditions.
You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us pursuant to this provision or these Terms and Conditions, or any policies or practices by us in providing this Website or our Paid Products, including without limitation any change in content or any change in the amount or type of fees or charges associated with the Paid Products, is to cancel or terminate your subscription or registered user account, as applicable.
From time to time, we may supplement these Terms and Conditions with additional terms and conditions pertaining to specific content, activities or events (“Additional Terms“). Such Additional Terms may be placed on the Website to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms and Conditions.
3. Restrictions on Use of Materials
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Website and the material provided hereon for your personal, noncommercial use, provided that you comply fully with the provisions of these Terms and Conditions. You acknowledge that this Website contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, “Content“) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on this Website are trademarks of their respective owners. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on this Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
4. Becoming a Registered User
You may be precluded from using certain products, offerings, features, or resources of our Website from time to time unless and until you register with our Website. You must register in accordance with instructions that you will find on this Website to participate in, and to contribute to, any forum, personal page, blog, etc.
If you elect to become a registered user of our Website, you agree to provide us with true, accurate and complete information about yourself (“Registered User Data“), and to maintain and promptly update the Registered User Data and any other information you provide to us, to keep it accurate. Without limiting any other provision of these Terms and Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of our Website (or any portion thereof). You agree not to assign, transfer or sublicense your rights as a registered user of this Website. You further agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website.
6. Community Standards and Conduct Guidelines
You acknowledge that all Content posted, emailed, or otherwise transmitted to or on this Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings“), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to this Website. We do not control the Postings posted, emailed or otherwise transmitted on our Website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for the users of our Website (as described below), you understand that by using this Website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances will we be liable in any way for any Postings (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this Website.
You agree not to use this Website (including any Community Areas) to:
- Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
- Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
- Impersonate any person or entity, including, but not limited to any user of this Website, a director, officer, employee, shareholder, agent, or representative of the Companies, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with the Companies, or our affiliates or any other person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through this Website;
- Upload, post, email or otherwise transmit any Postings or other materials that are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
- Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;
- Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of a Community Area (or other portion of this Website) are able to type, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of this Website;
- Interfere with or disrupt this Website or servers or networks connected to this Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
- “Stalk” or otherwise harass another user or employee of this Website; or
- Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Website, including user names or passwords; or Access or attempt to access another user’s account without his or her consent.
8. Use by Minors
Some of the Content on this Website may not be appropriate for children. CHILDREN UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THIS WEBSITE.
These Terms and Conditions apply only to this Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.
10. Third Party Products and Services
You may order services, merchandise or other products through our Website from other parties (collectively, the “Third Party Sellers“). All matters concerning the services, merchandise and other products desired from the Third Party Sellers, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and other products provided by the Third Party Sellers. You will not consider us (and we will not be construed as) a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transactions.
11. Copyright Complaints
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our discretion, terminate the rights of any user to use our Website (or any part thereof) who infringes the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact us and include the following information
- a physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner;
- identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works);
- identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Website;
- your name, mailing address, telephone number and email address;
- a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- a statement by you that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices with respect to this Website should be sent to: CoBionic LLC, 30 N. Gould St. Ste 3213, Sheridan, WY 82801.
12. Password and User Security
If you are a registered user of this Website, you are entirely responsible for maintaining the confidentiality of your password and user account information. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password. You are entirely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.
13. Health Disclaimer
This Website provides general health, dietary, and weight loss information and content published over the Internet and is intended only to assist users in their personal health, dietary, and weight loss efforts. None of the Companies or any affiliate is a medical organization, and our staff cannot give you medical advice or diagnosis. Additionally, we are not a registered or licensed dietitians or nutritionists, and our staff likewise cannot not give you personalized dietary or nutritional advice. Nothing contained in this Website should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment.
You are urged and advised to seek the advice of a physician before beginning any diet, exercise, or weight loss effort or regimen. This Website is intended for use only by healthy adult individuals. The Website is not intended for use by minors, pregnant women, or individuals with any type of health condition. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or regimen.
You should not use the information available on this Website for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration unless specifically so stated.
If you are being treated for an illness, taking prescription medication, or following a therapeutic diet to treat a disease, it’s especially important to show any diet or exercise plan to your physician. Any modifications made to the program by your physician should be followed.
14. Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.
NONE OF THE COMPANIES, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.
NEITHER THE COMPANIES, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE Terms and Conditions.
15. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THIS WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THIS WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO THIS WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (F) ANY OTHER MATTER RELATING TO OUR WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE Terms and Conditions, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, hold harmless and, at our option, defend the Companies and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys’ fees and expenses) arising from your improper use of this Website or our products or offerings, your violation of these Terms and Conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
17. Governing Law and Choice of Forum
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this Website or these Terms and Conditions shall be filed only in the state or federal courts located in New York County in the State of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
18. Miscellaneous Terms
In any action against us arising from the use of this Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions are the entire agreement between you and us relating to the subject matter herein. If you are a subscriber to one of our online subscription offerings or products, in the event of any conflict between these Terms and Conditions and the corresponding subscription agreement, the subscription agreement shall control. These Terms and Conditions may be modified only by our posting of changes to these Terms and Conditions on this Website, or by written agreement of both parties. Each time you access this Website, you will be deemed to have accepted any such changes.
We may assign our rights and obligations under these Terms and Conditions. These Terms and Conditions will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms and Conditions, or to exercise any right under the Terms and Conditions, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
19. Your Use of this Website and Our Paid Products
Unless otherwise specified, the Companies grant you a non-exclusive, non-transferable right to access, use and display our Website and any of our online products or offerings (such products or offerings, our “Paid Products“) that you subscribe to or pay for, for your personal, noncommercial use, provided that you comply fully with these Terms and Conditions.
You agree not to assign, transfer or sublicense your rights as a registered user of, or subscriber to, this Website and/or our Paid Products. You understand that only you may use your user account and password, and that your subscription to our Paid Products is valid only for your personal, noncommercial use and may not be shared with others. You agree to be financially responsible for all usage or activity of Paid Products subscribed to by you.
20. Charges and Fees for Paid Products
Certain portions, components, content and features of this Website are only available to individuals who purchase a subscription to one of our Paid Products. As a subscriber to one of our Paid Products, you agree as follows:
A. You agree to pay, using a valid credit card (or other form of payment which we may accept from time to time), the fixed and periodic charges and fees (including prepayment plan fees for multiple periods) set forth on this Website, applicable taxes, and other charges and fees incurred in order to access our Paid Products. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on this Website or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail).
In the case of any subscription products, we will automatically charge your credit card or other account at the start of the standard or multiple-period prepayment plan billing period and at the start of each renewal period, unless you terminate or cancel your subscription before the relevant renewal period begins. Except in the case of a multiple-period prepayment plan or if you were eligible for a discounted rate but are no longer eligible for that rate, the renewal charge will be the same as the prior period’s charge, unless we notify you in advance at the time of sign up or prior to the beginning of the renewal period as described above. Each time you use our Paid Products you reaffirm your agreement that we may charge your credit card (or other form of payment, if applicable). In the event we cannot charge your account, we reserve the right to terminate your access to our Paid Products. If you purchased a multiple- period prepayment plan or you were eligible for a discounted rate but are no long eligible for that rate, your subscription will automatically be renewed at our standard subscription rates and for our standard period (usually monthly) at the start of the renewal period. If you wish to purchase another prepayment plan for multiple periods and we are currently offering prepayment plans at such time, you must notify us prior to the termination of your current prepayment plan.
B. In addition to the fees and charges set forth above, you are responsible for all charges and fees associated with connecting to our Website and our Paid Products, including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our Paid Products.
C. For purposes of your use of our Paid Products including identification and billing, you agree to provide us with true, accurate and complete information as required by the subscription or sign up process to our Paid Products (“Subscription Data“), including your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow us to share your Subscription Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Subscription Data and any other information you provide to us to keep it accurate. Without limiting any other provision of these Terms and Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of our Website (or any portion thereof) or any of our Paid Products. You are obligated to check the “Profile” feature of our Website to determine whether your Subscription Data is current and accurate, and, if not, to correct or update your Subscription Data including your billing information. You agree not to register or subscribe for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website.
If your registration or subscription is revoked for any reason, you agree not to register or subscribe again with our Website using another user name or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to us under these Terms and Conditions or by law.
D. You are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password or credit card information. In the event of a breach of security by you, you will remain liable for any unauthorized use of your subscription until you update your Subscription Data. If your credit card expires, is canceled, is lost or is subject to use without your authorization, access the “Profile” feature of this Website to update your Subscription Data. You are entirely responsible for any and all activities which occur under your user account. You are responsible for paying any amounts billed to your credit card by a third party which were not authorized by you.
E. Except for multiple- period prepayment plans, your failure to satisfy limitations we set based on demographic, geographic, health or other similar criteria, or if we terminate your subscription to one of our Paid Products prior to the end of the applicable period, you agree that all fees and charges assessed by us are nonrefundable. If your cancellation of your subscription to one of our Paid Products is due to your failure to satisfy limitations we set based on demographic, geographic, health or other similar criteria prior to the end of a period for which you have incurred a charge, with the exception of any fixed upfront fee, we will refund any unused portion of such period in accordance with the refund policy we have in effect at such time. If we cancel or terminate your subscription to one of our Paid Products (as opposed to you canceling your subscription) prior to the end of a period for which you have incurred a charge, with the exception of any fixed upfront fee, we will refund any unused portion of such period on a pro rata basis.
21. Cancellation of Subscription
You can cancel your subscription by contacting Nourishing Brands LLC or by such other means as we may provide from time to time. We will attempt to process all cancellation requests within 72 hours after we receive your request. If you cancel near the end of your billing period and are inadvertently charged for the next period’s fee, contact Nourishing Brands LLC to have the charges reversed. If you use our Fee-Based Product during that next period, you will not be entitled to a refund. We reserve the right to collect fees, surcharges, or costs incurred before your cancellation takes effect.
22. Availability of Paid Products
The availability and use of our Paid Products may be limited based on demographic, geographic, health or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to our Paid Products or may terminate your subscription to our Paid Products at any time based on these criteria. For example, pregnant women and individuals under the age of 18 may not subscribe to our Paid Products.
23. Unauthorized Distribution of Content
All content on our Website or contained within any Paid Product is intended to be consumed and used exclusively by visitors to our Website or by customers who have purchased our Paid Products, respectively.
In the event that you find and/or use any such content in a location other than our Website or in the corresponding Paid Product, we explicitly disclaim all representations and warranties as to the accuracy and/or fitness of such content. Furthermore, we shall not be liable for any unauthorized use, reproduction, or consumption of such content.
24. FTC Legal Disclaimer
Results may and will vary. Any testimonials given on the Website or in relation to the Companies do not represent typical results. Every testimonial on this website is real, and everybody has been through one of our free programs or Paid Products or has made use of one or more of our services. However, we feature these results to give you an idea of the kinds of results that can be achieved by the most motivated individuals. None of the testimonials should be considered average or typical.
Also, by using any of our Paid Products, you assume certain risks inherent to exercise and nutrition programs. Our Paid Products require dietary and lifestyle changes, and possibly a bit of exercise. You should not begin any program if you have a physical condition that makes exercise dangerous or if you have physical or psychological issues which make fat loss dangerous. If you are severely obese, you should consult with your doctor before beginning.
No one at the Companies is a doctor, medical professional, or nutritionist, and the advice given by anyone associated with the Companies is not a substitute for medical advice. Please consult your physician before beginning any exercise or nutrition program. See below for more detail.
25. Generally Expected Results
Although all of our products are intended to be fully implemented, the typical purchaser of virtually all diet or general education products uses them in much the same way that they use a book. The vast majority of purchasers and users skim through the information and plans one time, then they never implement the program and never take any related action.
And even when purchasers and users implement our products completely, more often than not they do not report increases in fat loss, improvement of health conditions, or other positive results of any kind. Reports of specific fat loss, improvement of health conditions, gains in strength or energy, or positive results of any kind should therefore be understood to be the exception rather than the rule. In other words, purchasers and users who use our Paid Products can generally expect to see no increase in fat loss or muscle gain, no remediation of health conditions, and no positive results of any kind. It is entirely possible that you will gain fat, lose muscle, and experience other negative outcomes as a result of the information contained in our products.
26. Testimonials Disclaimer
Testimonials found on this Website or which are published by us in relation to our Paid Products are unverified results that have been sent to us by users of the one or more of our services, Paid Products, or free programs. Such testimonials may not reflect the typical experience of a purchaser, may not apply to the average person, and are not intended to represent or guarantee that anyone will achieve the same or similar results.
You should always perform due diligence and not take such results at face value. We are not responsible for any errors or omissions in typical results information supplied to us by manufacturers or other reputable third parties. If a product or service is new, you understand that it may not have been available for purchase long enough to provide an accurate results history. Again, it is possible that even with perfect use of our programs, you will not achieve the results described in testimonials. They are meant to be a showcase of the best results the program has produced, and should not be taken as the results a typical user will get.
27. Risks of Use
Information contained on the Website is not a substitute for direct, personal, and professional medical care and diagnosis. None of the diet plans, nutritional information, or exercises mentioned on the Website or by anyone associated with the Companies should be performed or used without clearance from your doctor, physician, or health care provider. The information contained in our products and programs, as well as on the Website, is not intended to provide specific physical or mental health advice, to treat any specific medical condition, or to provide any specific advice whatsoever, for any individual or company – and none of such information should not be relied upon in that regard. No one at the Companies is a medical professional, and nothing on this Website should be misconstrued to mean otherwise.
For anybody in poor health or with pre-existing physical or mental health conditions, there may be risks associated with participating in any of our products or programs. Because such risks exist, you will not participate in our products or programs if you are in poor health or have a pre-existing mental or physical condition. If you choose to participate despite these risks, you do so of your own free will and accord, and you knowingly and voluntarily assume all risks associated with such dietary activities. These risks may also exist for those who are currently in good health right.
28. Important Billing Information
As we state with respect to all of our Paid Products, (as well as the order pages and checkout pages), you will be charged for the Paid Product at checkout. However, if you aren’t completely satisfied with any of our programs (we make no guarantees of results, but we strive to ensure that you’re satisfied), then you can send us an email with the subject “refund,” and we will gladly refund your purchase price.