Terms & Conditions
THE AGREEMENT: The use of this website and services on this website provided by The Nurtured Body (hereinafter referred to as "Website") are subject to the following Terms & Conditions, all parts, and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as "Website") and any services provided by or on this Website ("Services").
DEFINITIONS
“Agreement” denotes to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Website.
“We”, “us” and “our” are references to thenurturedbody.com.
“User”, “You” and “your” denotes the person who is accessing the website for taking or availing any service from us. User shall include the company, partnership, sole trader, person, body corporate or association taking services of this Website.
” Website” shall mean and include thenurturedbody.com and any successor Website of the Company or any of its affiliates.
Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties
ASSENT & ACCEPTANCE
PLEASE READ THESE TERMS OF USE, OUR PRIVACY POLICY, AND ALL APPLICABLE SUPPLEMENTAL TERMS (COLLECTIVELY, THE "TERMS") CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS AND REMEDIES IN CONNECTION WITH YOUR USE OF THE SERVICES AND CONTENT. FOR EXAMPLE, THE TERMS INCLUDE:
YOUR OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
LIMITATIONS OF OUR LIABILITY TO YOU; AND
A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
YOUR ACCESS TO AND USE OF THE SERVICES IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH ALL APPLICABLE TERMS. If you do not agree to these Terms or our Privacy Policy, then please cease using the Services immediately. We reserve the right to change these Terms at any time (see “Changes to these Terms” below.) By accessing, browsing and/or using the Services after updates to these Terms have been posted, you agree to be bound by the updated Terms. THESE TERMS AND OUR PRIVACY POLICY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND THE NURTURED BODY.
Consequences of Non-Compliance
Your failure to comply with the Terms may result in the suspension or termination of your account and/or access to the Services and may subject you to civil and criminal penalties.
NEITHER WEBSITE NOR THE SERVICES PROVIDE MEDICAL ADVICE.
The contents of the services, such as text, graphics, images, information and program or coaching, services obtained from users of the services, licensors, and other material contained on the services (the "content") are for informational purposes only. the content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. always seek the advice of your physician or other qualified health provider with any question you may have regarding a medical condition.
If you think you may have a medical emergency, call your doctor or 911 immediately. never disregard, avoid, or delay in obtaining medical advice from your physician or other qualified health care provider because of something you have read on the services. drtosin.com does not recommend or endorse any specific tests, physician, products, procedures, opinions, or other information that may be mentioned on the services. reliance on any information provided by trainerize.com and thenurturedbody.com employees, partners, other users of the services is solely at your own risk.
By accessing, browsing and/or using the services, you agree that you are solely responsible for any habits you may choose to pursue using the services and thenurturedbody.com does not warrant any habits listed on the services, nor does it recommend or endorse any habit by listing such habit on the services. we have no obligation to review or modify user postings on the services or other content and in all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of the content. under no circumstances will thenurturedbody.com be liable for any loss or damage caused by your reliance on any content.
· You further acknowledge that you have read, understood, and agree to be bound by all the terms, conditions, consents, and disclosures set forth in the terms of service, the privacy policy, the applicable guidelines set forth on the website, and the applicable end user license agreement (if any) for any mobile apps you download. if you do not agree to the terms of service, the privacy policy, the applicable guidelines and/or the applicable end user license agreement (if any), then please cease using the services immediately.
· All the services are available only for individuals aged 16 years or older. if you are 16 or older but under the age of 18, or the legal age of majority where you reside if that jurisdiction has an older age of majority, then you agree to review these terms of service with your parent or guardian to make sure that both you and your parent or guardian understand and agree to these terms of service. you agree to have your parent or guardian review and accept these terms of service on your behalf. if you are a parent or guardian agreeing to these terms of service for the benefit of a child over 16, then you agree to and accept full responsibility for that child's use of the services, including all financial charges and legal liability that he or she may incur.
SERVICES
Deliver a whole new personal training experience. Provide your clients with nutrition plans. The Nurtured Body provides nutrient plans, custom meals plans and online coaching for individuals.
Any requests that are not consistent with a healthy lifestyle will not be fulfilled (this includes food items and excessive calorie deficits).
DELIVERY POLICY
a) We know that your order arriving on time is important to you! The total Delivery time will be the Processing time + Delivery time.
b) Once you have placed an order, this cannot be cancelled at any stage. The contract is completed on receipt of the order.
c) Personalized Programs are sent within 5-7 business days from the time your questionnaire is submitted.
d) Food isn't included in any of the plans.
REFUND
We are always happy to process Refunds providing the request is genuine and for the right reason. As online sellers, we must accept returns in line with consumer legislation.
Please note that our policies differ between programs and that payment options may vary from one service to another.
Refunds and exchanges will not be provided once your program is sent to the email you provided on your questionnaire.
To start refund process, Please contact us at info@thenuturedbody.com, before the delivery of your program and with your name, order number, the reason for refund.
Please also note that we treat violations of our Terms and Conditions very seriously, and we have no obligation to offer refunds to users who violate these terms, even if their requests are made within the designated refund period.
CONTENT
Unless where otherwise specified or clearly recognizable, all content available on The Nurtured Body is owned or provided by the owner or its licensors.
The Owner makes every effort to ensure that the content on The Nurtured Body does not violate any applicable laws or third-party rights. However, this may not always be possible.
Without limiting Users' legal rights to enforce their rights, users are kindly requested to report such complaints using the contact information provided in this document.
INTELLECTUAL PROPERTY
You agree that the website and all services provided by us are the property of The Nurtured Body, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Our IP"). You agree that we own all rights, title, and interest in and to the Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.
To make the Website and Services available to you, you hereby grant us a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content you publish, upload, or otherwise make available to the Website ("Your Content"). We claim no further proprietary rights in your Content.
If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us and let us know.
ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of thecakenutritionist.com.
You further agree not to use the Website or Services:
To harass, abuse, or threaten others or otherwise violate any person's legal rights.
To violate any of our intellectual property rights or any third party.
To upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
To perpetrate any fraud.
To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme.
To publish or distribute any obscene or defamatory material.
To publish or distribute any material that incites violence, hate, or discrimination towards any group.
To unlawfully gather information about others.
COPYRIGHT
All content included in or made available through any The Nurtured Body, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and is the property of The Nurtured Body or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any The Nurtured Body is the exclusive property of The Nurtured Body and protected by Us. and international copyright laws.
Copyright Infringement
We do not allow any content that infringes copyright. The use of copyrighted content of others without proper authorization or legally valid reason may lead to a violation of The Nurtured Body 's policies.
At the same time, not all unauthorized uses of copyrighted content constitute an infringement. Exceptions to copyright infringement, such as the fair use doctrine or other applicable laws, allow use of copyrighted work under certain circumstances.
Removal of Content; Suspension or Termination of Account
Any user content that infringes another person’s copyright may be removed. The account may be suspended or terminated for multiple copyright violations in connection with the use of the The Nurtured Body site, or other violations of the Terms of Service and Community Guidelines. We reserve the right to refuse any account holder whose account was used for improper activities from opening a new account on The Nurtured Body site, or otherwise hosted by The Nurtured Body.
Copyright Infringement Notification
Contacting the user directly may resolve your complaint more quickly and in a way that is more beneficial to you, the user, and our community. You may also file a Copyright Infringement Report.
All complaints should contain the information requested in our online Copyright Infringement Report form. Failure to include necessary information may limit our ability to investigate your claims and may result in your complaint being denied.
We may provide the account holder with your contact information, including the email address and the name of the copyright owner, and/or details of the complaint.
Before submitting a notification, please be aware that intentionally submitting a misleading or fraudulent report may lead to liability for damages under section 512(f) of the United States Digital Millennium Copyright Act (DMCA) or similar laws as may be applicable in other countries.
Copyright Infringement Counter-Notification
If you receive a copyright infringement notification that you believe to be in error or believe that you are authorized to use the content, you can reach out to the copyright owner directly to request a retraction.
You may also provide us with a counter-notification via our Counter Notification Form. All counter-notification should contain the information requested in the Counter Notification Form. Failure to include necessary information may limit our ability to investigate your claims and may result in your counter-notification being denied.
The counter-notification process will take time to complete, please be patient. During this time, the copyright claimant may file an action seeking a court order to keep the content down pursuant to the United States Digital Millennium Copyright Act (DMCA) or similar laws in other countries. Please note that we will forward the entire counter-notification to the original reporter, including any contact information you provide, in accordance with our Terms of Services and Privacy Policy. The claimant may use this information to file a lawsuit against you.
If we do not receive notice that the original reporter is seeking a court order to prevent further infringement of the material at issue, we may replace or cease disabling access to the material that was removed if the material does not infringe on third-party copyright. The decision to re-post any material is at The Nurtured Body sole discretion.
INDEMNIFICATION
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless The Nurtured Body and its affiliates and/or related entities, whether direct or indirect, current, former or future, and its and their respective current, former or future officers, directors, employees, agents, successors and assigns and related third parties (each an “Indemnified Party”), for any claims, causes of action, debts, damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third-party claim that (a) your use of or inability to use the Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third-party, or (d) your violation of any applicable laws, rules or regulations, except to the extent caused by any unlawful or negligent act or omission by The Nurtured Body. The Nurtured Body reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Nurtured Body in asserting any available defenses. An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party’s prior written consent.
EXCLUSION OF LIABILITY
You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user using the thenurturedbody.com Website including loss of data or information or any kind of financial or physical loss or damage.
In no event shall The Nurtured Body, nor its owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.
MODIFICATION & VARIATION
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
NO WARRANTIES
You agree that your use of the Website and Services is at your sole and exclusive risk and that any Services provided by us are on an "As Is" basis. We hereby expressly disclaim any express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to you, through your computer system, or because of the loss of your data from your use of the Website or Services is your sole responsibility and that we are not liable for any such damage or loss.
LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you because of your use of the Website or Services, to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
SEVERABILITY
If any provision of these Terms and conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
CONTACTING US
If you would like to contact us to understand more about terms or wish to contact us concerning any matter, you may do so via the contact us or email us at info@thenurturedbody.com
The Nurtured Body
Baldwin, NY 11510
United States
This document was last updated on July 28, 2022