Terms & Conditions
Last Updated: 9.10.2018
Please read the Terms & Conditions cautiously before agreeing and/or purchasing any of our services, products, or programs.
This website SarahShaeffer.com (hereinafter “website”) and any content defined below are owned by Nourished Media LLC (hereinafter “I” “we” “us” “our” and “company”). By visiting this website, you (hereinafter “you” “your” “visitor” “visitors” “user” and “users”) are agreeing that you have read these terms and conditions and are bind to them while on this website.
Your License to Us
Through comments and testimonials, you may be able to post on our website. By posting comments and/or testimonials, you acknowledge that you are the owner of said comments and/or testimonials and you are of the legal age at 18. If we suspect you of bullying or directly being harmful to us or another visitor on the website, we reserve the right to delete those comments and testimonials and use laws that are applicable to the situation at hand.
Use of Website
By using the website and agreeing to these terms whether you have read them or not. If you do not agree to these terms, do not use this website. You confirm that you are at least 18 years old and that you are legally competent and of legal age to be bound by these terms and conditions.
We reserve our right to change and/or update these terms and conditions at any time without notice of said changes and/or updates. By using this website, you are responsible for checking the updated terms and conditions on a routinely basis.
By using our Website, Products, Services, and Materials, you agree that you will NOT:
- Use any data mining, robots, spiders, or similar data-gathering and extraction methods, in any way, to reproduce or alter or disrupt the presentation of our Website and/or Products and Services.
- Attempt to disable or breach the security of the Website, Product and Services, or features that prevent, limit or restrict use or copying of the Website or any Product and/or Service.
- Infringe on trademark and copyright laws with our Website and/or Products and Services, or anything on or within these. This includes copying, reproducing, republishing, uploading, posting, transmitting, broadcasting, or distributing images, content, or anything provided or offered to you within a Product or Service, in whole or in part, without our written permission.
- Transmit any software or other malicious materials containing viruses or any other destructive or harmful items into any part of our Website and/or Products and Services.
- Attempt to decompile, disassemble, modify, sub-license, translate, sell, or reverse engineer any portion of the Website and/or Product and Service, which includes attempting to derive any source code or underlying ideas or algorithms in or provided through our Website, Products and Services.
- Deliberately or happen to “accidentally” try to impose or do anything that may impose, in our sole judgment, an unreasonably large load on our (or our third party providers’) infrastructure.
- Use any materials from our Website and/or Product and Services for any unlawful purpose.
- Spam or flood our servers, email accounts, bandwidth, or any of our third parties or affiliates.
- Attempt to resell or make commercial use of our Website or any Product and Service; or make any derivative use of our Website, or any Product, Service or Materials.
Suspension of Website
The Company, in its sole discretion, reserves the right to make, modify, discontinue, or suspend its operation of this Website, or in any part thereof, temporarily or permanently, without notice to the Customer, and by being a user of the Website and purchasing Products and Services from the Company, you, the Customer, agrees that we, the Company, will not be liable for the consequences of doing so.
THE COMPANY AND ITS OWNER, PRINCIPALS, REPRESENTATIVES AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU, THE CUSTOMER, TAKES BASED ON THE INFORMATION, PRODUCTS, SERVICES, OR MATERIALS ON THE WEBSITE.
While we work to keep the information on the Website accurate, complete, and up-to-date, we cannot guarantee or take any responsibility for any damage, loss related to the accuracy, completeness, or timeliness of the information on the Websites, or in any of the Company’s Products and Services.
Your use of the Website is subject to the additional disclaimers sand caveats that can be found or that may appear throughout the Website and within the Company’s Products & Services.
The Website, along with all of the Company’s Products and Services, are available on an “as is” and “as available” basis. Except as specifically provided herein, to the fullest extent applicable within the the law, the company fully and completely disclaims all warranties of any kind, whether express or implied, including, and without limitation, any warranties of merchantability, fitness for a particular purpose, situation, and non-infringement.
While the Company strives to reasonably include as much accurate and up-to-date information on the Website and within its Products and Services, the Company does not make any warranty that the website will meet the Customers requirements, or that access to the website will be uninterrupted, secure, error-free, or that any defects, if they exist, will be corrected.
THE COMPANY MAKES NO WARRANTY THAT THE CUSTOMER WILL ACHIEVE SPECIFIC RESULTS, IF ANY AT ALL, AS A RESULT FROM USING THE WEBSITE, OR ANY OF THE COMPANY’S PRODUCTS AND SERVICES, WHICH INCLUDES THE ACCURACY, QUALITY, OR RELIABILITY OF THE INFORMATION PROVIDED HEREIN THE WEBSITE, PRODUCTS AND SERVICES.
By using the Website, and/or the Products and Services offered, you agree and understand that any material and/or data downloaded from the Website, Products, and Services are at your own risk and you will remain in full responsibility for any damage to your computer system, loss of data, or any other invonvinence cause from the download or use of the Website, or the Company’s Products and Services.
No advice or information, whether provided orally or in written format, obtained by you from the Company or its Website shall create any warranty not expressly made herein the Terms and Conditions on the Website.
You understand that I am not a registered dietitian, physician, physician assistant, nurse, nurse practitioner, nutritional therapy counselor, counselor, therapist, or any other medical profession. Also, I do not hold and will not hold myself to be. Nothing found on this website is meant to take place of an appointment with one of these types of professionals. We are not giving medical or physiological, or psychological advice or attempting to diagnose, treat, prevent, or cure any physical condition or disease.
We try our best to keep our website running and available but sometimes technology difficulties happen or we have to make some changes / maintenance / repairs. If this happens, you agree and acknowledge that we are not responsible for damages, losses, or any other inconvenience sustained by you as a direct or indirect consequence of the website.
You agree that using our service / product / program, we cannot and do not guarantee that you will achieve a desired goal based on the content you are consuming from our website – positive or negative. You agree that we will not be held accountable. You agree that your results from consuming our content are yours and only yours and we, Nourished Media LLC will not be held accountable.
Free Materials / Content / Resources
You may have the option to download free materials / content / resources / freebies in exchange for your name and email address. In doing so, you agree that this is for your own personal use and is not to be copied, edited, or distributed in any way. If and when you choose to share these materials / content / resources, you will not make these items your own, will give Sarah Shaeffer at Nourished Media LLC credit, and will not try to benefit from these materials, financial and otherwise.
Pricing Errors and Omissions
Company reserves the right to change or alter prices, availability, and other purchase terms without prior notice. We make every effort to ensure the accuracy of the information on the Website and if errors are discovered, we work to correct them as quickly as possible. However, be advised that the Company also reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged.
Purchasing Services / Products / Programs & E-Commerce
If you purchase a service, product, or program, you will be be notified that these terms and conditions exist and it is therefore, your responsibility to understand these terms and conditions.
We make a reasonable effort to ensure that any and all prices quoted on our Website are accurate, correct and competitive. We also work to describe each service / product / program available on the Website as adequately and thoroughly as possible. However, when ordering service / product / program featured on the Website, please note that the Company does not warrant that product and service descriptions are 100% accurate, complete, reliable, current, or error-free. Often times, this is due to us continuously updating or adding to service / product / program as they are being launched and sold through our Website. We reserve the right to change and/or update our prices at any time.
If a Product and/or Service described on the Website is not as described when you receive or use it, and the exception is not otherwise noted on our website, you should contact our customer service department by emailing us at firstname.lastname@example.org.
When paying by credit card, debit card, and/or PayPal for a service, product, or program, you give us permission to charge that card immediately as payment for that service, product, or program without any other information. You will receive a receipt for your purchase.
We have a no refund policy as we strive to price our services, products, and programs at a reasonable and competitive price, and for the amount of time that goes into making these services, products, and programs.
Electronic Signatures & Agreements
By clicking on any links, buttons, or boxes on the Website labeled “download”, “ accept,” “OK,” “submit” or any such similar links, buttons, or boxes provided by the Company to accept the Terms and Conditions listed herein, you agree and understand that you are submitting and providing a legally binding electronic signature and entering into a legally binding contract. You acknowledge and understand the electronic signature and submissions you provide by clicking through these links, buttons, or boxes constitute your acknowledgement, agreement, intent, and understanding that you are to be bound by this Agreement.
Severability of Agreement
You agree if, for any reason, one or more provision(s) of the Agreement is detailed by a court, or another binding authority, to be identified as being invalid, every attempt is to be made to ensure the intentions as reflected in that provision, as well as all remaining provisions that remain in the Terms and this Agreement, are to continue in full force and effect.
The Terms herein and the business relationship between you and the Company shall be governed by the laws of the State of Wisconsin, Laws of the United States, and the Laws of United Kingdom, without regard to any conflicts of laws principles.
Ownership of Website, Service, Product, and Program Content
Company owns and operates this Website, and as such the Company, or third parties, own and reserve all rights, title and interest in and to the materials provided, of which include but are not limited to the “look and feel” of all aspect of the Website (including its design, layout, color combinations, button shapes and other graphical elements), information, documents, logos, graphics, sounds, page headers, buttons, icons, service marks, trademarks, trade dress, and images, collectively our “services / products / programs.” As stated previously, but repeated for importance, the Company reserves all rights to all of the previously mentioned, and except if otherwise expressly provided by us in writing, you may not copy, display, distribute, download, post, reproduce, republish, transmit, or upload the services / products / programs. Customer or anyone else using this Website should not assume that any statement or the offering of these services, products, programs even if purchased and paid for, allows for the license, express or implied, of Company’s intellectual property rights, as we have not given this and will not give this unless exclusively received permission and license to do so under agreement and contract by the Company, with its owners, in writing. Any rights that have not been expressly granted to you by these Terms and Conditions are strictly reserved by us, the Company.
All designs, images, text, graphics, trademarks, book distributions, membership site, video, and everything else on the website or in the products and services offered are owned by Company. Copyright © 2018, Nourished Media LLC. ALL RIGHTS RESERVED.
Indemnity Agreement by Use of Website, Service, Product, and Program
By use of the Website, you agree to indemnify and hold the Company, along with its affiliates, owners, subsidiaries, successors, directors, service providers, attorneys, suppliers and employees, harmless from any claim or demand, including but not limited to reasonable attorneys’ fees and court costs, made by any third party due to or arising out of your use of the Website or our Products and Services, your violation of the Terms, or your breach of any of your acknowledgements, agreements, representations, warranties and obligations herein.
You also acknowledge that the Company has set its price and has offered access to the website with the understanding that these limitations of liability and damages and indemnity in these Terms and Conditions are in place, of which are an essential basis of the Company being able to provide the Website, Products, and Services. You agree to abide by these limitations of liability and damages and indemnity in relation to the Company, of which also survive and apply even if you find to have had the Website, Products, or Services fail their purpose for you.
You agree that the Company’s legal liability, including the liability of any and all affiliates, officers, directors, employees, or agents, for any claim made by you as a result of you using the Website or purchasing the Products or Services offered shall only be equal to the amount you originally paid to the company, except as provided in the arbitration agreement below. Customer agrees, through the continued use of the Website and/or Products and Services, that the Company will not provide any special, incidental, or punitive damages, even if we have been advised and made aware of such damages. Although some states do not allow the exclusion or limitation of incidental or consequential damages, which may make this exclusion not directly apply to you, and as such, this paragraph is not, in any way, intended to modify the law.
Release Of Claims
You agree that we will not be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Services, Products, or Programs. You hereby release us from any and all claims; including, without limitation, personal interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, or otherwise; whether it is known now or in the future.
Compliance With Laws
You agree to comply with any and all applicable laws at the federal, state and local level, regulations, rules and ordinances regarding your use of the Website, including, without limitation, laws regarding import / export of technical data by virtue of your online transmission.
Rules & Policies
In the event of a potential breach of these Terms and Conditions, we will investigate, as desired, any reported violation of our terms, policies or complaints and will take any action that we deem appropriate. While the Company is not obligated to take any action, action taken may include, but is not limited to, a warning or suspension or termination of your rights to use our Website, without refund or entertaining any claims made by the Customer. You agree not to attempt to use the Website after said termination and agree that Company is and shall not be liable to you, or any third party, for any termination of your access to the Website. The Company reserves all rights to report any activity to appropriate law enforcement officials or other third parties if we suspect your activity violates any law or regulation at a local, state, or federal level.
Company reserves all rights, in the safety and protection of our rights, property, personal safety, and those rights, property and the personal safety of our users and customers, while also ensuring the integrity and operation of the Company, Website, Products, Services, Materials, and systems, Company may cooperate with any law enforcement request for information or documents, any administrative, civil or criminal subpoena, or any court order, at which time we may disclose your information including, without limitation, your user profile information (i.e. name, e-mail address, other contact information, etc.), IP address, traffic information, and usage history in connection with such circumstances.
Customer, website visitor, member, and user (you) is solely responsible for the content submitted on or through the Website, including but not limited to contact information, and any content or information that you transmit to other users or third party advertisers through using our Website, Product, Services, Materials, and Groups.
Binding Arbitration Dispute Resolution
PLEASE ACTUALLY READ THIS SECTION, AND READ CAREFULLY. THIS SECTION AFFECTS YOUR RIGHTS.
Most concerns or questions can be resolved quickly by contacting the Company Customer Service Center via email@example.com, and we may decide to call you after initial contact via email to further assist you.
If Customer Service cannot resolve your complaint to your satisfaction for some unlikely reason, or if we are unable to informally resolve a dispute, we each agree to resolve the remaining open disputes through binding arbitration rather than in court. Arbitration uses a neutral arbitrator, instead of a judge or jury, allows less discovery than courts (securing identity more), and is subject to very limited court review. Overall, Arbitration is less formal and stressful than going to court and tends to leave both parties in agreement with less residual affects.
We each agree to use American Arbitration Association (AAA) to serve as the arbitration provider and agree that any arbitration under these Terms will take place on an individual basis. This means you agree that representative, group, collective or class actions or arbitrations are not permitted. If you prevail in arbitration, Company reserves the right to pay you more than the amount of the arbitrator’s award and may, under our sole digression, pay your actual, reasonable attorney’s fees if you end up being awarded an amount greater than what we offered you to settle the dispute before engaging in arbitration.
We encourage you to speak with your own lawyer before using this Website, any of our services, products, and programs if you feel questionable or uncertain of these terms, but continuing to use the Website or any service, products, or programs provided by the Company constitutes as your agreement to these Terms.
Please contact firstname.lastname@example.org with any personal data requests, or if you have any other questions regarding this Terms & Conditions page.