Terms and Conditions of Use for Everyday Nutrition and Wellness
Last Updated on 02-16-2022
NOTICE: These Terms and Conditions of Use are legally binding. It is our responsibility to read these Terms and Conditions of Use carefully prior to purchase, use or access of any of Our products, including online courses.
This website is owned and operated by Everyday Nutrition and Wellness, a Massachusetts company. Our principal place of business is located at 26 Cross Street, Carver, Massachusetts 02330.
You must be at least sixteen years of age to use Our website. Use of this website is at Your own risk. We host Our site on a reputable platform and take reasonable efforts to maintain and host the site. However, We make no explicit representations or warranties as to the safety or Your individual use of the website. The Terms and Conditions of Use contained on this page is subject to change at any time.
Product Purchase Agreement
All programs, products and services are owned and provided by Everyday Nutrition and Wellness (“Company” or “We” or “Us” or “Our”). The term “You” or “Your” refers to any user or purchaser of said program(s), product(s) or service(s) (the “Offering”). These Terms and Conditions of Use govern and define how You are allowed to use and access Company’s Offering. We reserve the right to update and change these Terms and Conditions of Use at any time, and will update them accordingly with the ‘date last updated’ at the top of this page.
You are legally bound to these Terms and Conditions of Use whether or not You have read them. If You do not agree with any of Our Terms and Conditions of Use, please email Us at ashley[at]enwnutrition.com and We will make reasonable efforts to remove Your name, email and access to Our Offering and website(s).
Your Product or Course Use and Consent
When You purchased Our Offering, You were given a reasonable notice that these Terms and Conditions of Use existed. By moving forward with Your purchase of the Offering and further access of the Offering, You implicitly agreed and continue to agree to abide by these Terms and Conditions of Use as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use.
You agree You are at least 18 years old or of age in Your applicable jurisdiction to access the Offering. Access of Our Offering and related materials by a minor is a violation of use, and We reserve the right to terminate Your access if such an issue is discovered.
Intellectual Property Notice
All images, text, designs, graphics, trademarks and service marks are owned by and property of Everyday Nutrition and Wellness, or the properly attributed party. It is a violation of federal law to use any of Our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.
You may NOT use Our intellectual property in any way, which includes republishing any text, image, design or other property on another website, or posting a quote or image from Our site to any third party website including social media. We have spent lots of time and money building the intellectual property located on this site and in order to maintain the integrity of it, We cannot allow any third party use.
Online Materials Intellectual Property
Limited License. Any and all materials, paid or free, that You access on this or any related domains that contain Our Offering are under the sole ownership or licensed use of Everyday Nutrition and Wellness.
To be clear, We own Our page layout and design, overall look and appearance, individual graphics, icons, videos, logos, taglines and trademarks (common law or federally registered). You are not allowed to reproduce any part of Our website(s), program(s), product(s), service materials or related communications.
You are only receiving a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access any content or materials in the Offering You have paid for or opted to receive. If You exceed the scope of this license, as determined by a legal authority such as a court of law or the Trademark Trials and Appeals Board, You have committed infringement in a manner that materially harms Us, and We have the right to seek damages and/or an injunction to remedy the situation until We are made whole.
- Access the Offering for Your personal use (if additional members of Your team need to access the Offering, You must purchase additional Offerings at one per each team member)
- Download and/or print any Offering materials for Your personal use in Your business (if additional members of Your team need to download and/or print any materials from the Offering, You must purchase additional Offerings at one per each team member)
- Use Our trademarks and copyrighted materials with Our consent and proper credit and marking, namely, citing Everyday Nutrition and Wellness as the source of the materials and marking any federally registered trademarks with ® or common law trademarks with ™.
You may not:
- Re-sell or trade Your access to the Offering
- Share the Offering with anyone else who has not yet purchased it or opted in to receive it
- Reprint or republish any of the Offering, in part or in whole
- Distribute any of the materials contained in the Offering or related materials and/or communications as Your own, otherwise known as stealing
- Reproduce and tweak any part or whole of the Offering for distribution as Your own work
- Claim ownership or use over any of Our intellectual property without Our prior consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos and more; trademarks such as names, logos, taglines or other unique source identifiers; or trade dress including the look and feel of the Offering (and its related communications and materials)
Use Our Offering or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s)
Request for Permission to Use Content
If You wish to use, publish or access any of Our content, Offering(s) or related materials, You must do so by requesting permission prior to commencing use of the same by email Us at ashley[at]enwnutrition.com.
Civil and Criminal Penalties
Even though Our Offering is not necessarily something You can physically hold in Your hand and walk away with, it is nevertheless considered theft to steal, infringe or otherwise violate these Terms and Conditions of Use. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction in New York State by opting into or purchasing any Offering or accessing its related communications and/or materials.
Your Materials and Contributions
By submitting a comment, photo, video or other material(s) onto any website or platform owned or maintained by Us, including but not limited to third party access sites, such as Our Facebook group(s) or online software platforms that We use to distribute Our Offering and related materials, You agree that We have a non-revocable, commercial license to re-publish Your submission in whole or in part unless You explicitly state that We may not do so with said submission. You have no right to privacy by accessing Our Offering or related materials, and We reserve the right to disclose Your participation in the same.
You must own the copyright to any image(s) You use by default or voluntarily on Our platforms or in Our Offering or related materials. You grant Us a commercial license to any image(s) You submit to Us by default, such as a Facebook profile photo or other profile image You voluntarily provide in accessing the Offering, or voluntarily upon Our request. Such a default or voluntary release of Your image and likeness may be used for any reasonable future business use.
Notification of Use
We are not obligated to notify You or anyone in photographs of Our publication or other use of any image or images You submit by default or voluntarily.
Security and Assumption of Risk
It is Your responsibility to secure Your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. We do not store any whole credit card numbers or payment information, and instead, these are processed through third party processors such as Square. By utilizing these payment processors to gain access to the Offering, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third party payment processor’s applicable terms and conditions of use.
You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.
Assumption of Risk
By accessing Our Offering and/or related materials, whether paid or unpaid, You assume all the risk of Your access and any subsequent actions You choose to take as a result of the influence, information or educational materials provided to You.
We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of Our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.
Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless Our website and company for any direct or indirect loss or conduct incurred as a result of Your use of Our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).
While We may reference certain results, outcomes or situations on this website, You understand and acknowledge that We make no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for You as a result of these statements or any other statements anywhere on this website. If You have medical, legal or financial questions, You should consult a medical professional, lawyer or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions You choose to make as a result of using this website, related materials, products, courses or the materials contained herein.
This website is updated on a regular basis and while We try to make accurate statements in a timely and effective manner, We cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge You gain as a result of using this website is used at Your own risk. If You should see any errors or omissions and would like to let Us know, please email Us at ashley[at]enwnutrition.com.
You agree that You understand individual outcomes will vary. Case studies or testimonials are not indicative of typical results. Each individual approaches Our Offering(s) with different backgrounds, disposable income levels, motivation and other factors that are outside of Our control. Therefore, We cannot guarantee Your success merely upon access or purchase of Our Offering(s) or related material(s).
To the fullest extent permitted by law, We expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by You or others in connection with Our Offering(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. We are not medical, legal, financial or other professionals, or if We are, during the course of this Offering and related material(s), We are not offering Our professional services and You expressly agree We are not acting in any professional capacity, including medical, legal, financial or otherwise during the course of this Offering. This Offering is for educational and entertainment purposes only. None of the Offering or its related material(s) should be construed as medical, legal, financial advice.
Third Party Disclaimer
You acknowledge and agree that We are not liable for any defamatory, offensive or illegal conduct of any other participant or user, including You.
WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT OR SERVICES MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
Errors and Omissions
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in Our Offering(s). We are not liable for any inaccuracies, errors or reliance on personal opinions contained in Our Offering(s) or related material(s).
Indemnification, Limitation of Liability and Release of Claims
You agree at all times to indemnify and hold harmless Our Company, as well as any of Our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to Our Offering(s).
Limitation of Liability
We will not be held responsible or liable in any way for the information, products or materials that You request or receive through or in relation to Our Offering(s). We do not assume liability for any third party conduct, accidents, delays, harm or other detrimental or negative outcomes as a result of Your access of Our Offering(s) and related material(s).
This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of Your purchase through one of these links. We will use reasonable efforts to notify You when and where We have placed affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.
If at any time We feel You have violated these Terms and Conditions of Use, then We shall immediately terminate Your use of Our website and any related communications as We deem appropriate. It is within Our sole discretion to allow any user’s access of Our website, and We may revoke this access at any time without notice, and if necessary, block Your IP address from further visits to Our site(s).
Individual Nutrition Counseling: In order to provide the most professional session for You, please understand that Your appointment will start at Your scheduled time. If You need to cancel or reschedule, please notify Ashley Petrie at least 24 hours in advance of Your appointment or one session will be deducted from Your coaching package (waived for the first instance). All coaching sessions must be used within three months (for the “Just the Basics” package) or six months (for the “Making Strides” package) of Your initial appointment.
Individual Nutrition Counseling: If You wish to cancel Your package after the first or second session, refunds are processed as follows:
- Packages cancelled after the first session and before the second session: an 80% refund will be issued.
- Packages cancelled after the second session and before the third session: a 60% refund will be issued.
No refunds will be issued after the third session.
If You have signed up for a payment plan, You hereby authorize Our continued access to Your financial information stored by Our third party financial processing company referenced in this Agreement until Your payment plan is complete, as set forth in Your acceptance of the purchase terms upon checkout.
You agree to make every attempt to file a refund prior to attempting a chargeback with Your financial institution. In the event of a chargeback attempt, You expressly agree to forfeit any and all of Our bonuses, affiliate bonuses or other materials afforded to You in exchange for Your original purchase of Our Offering. We reserve the right to present proof of Your access and these Terms and Conditions of Use to the financial institution investigating the dispute.
If You and Our Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then You explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action.
If You are found to be slandering, libeling or otherwise disparaging Our Company, Offering(s) or related materials at Our discretion, You will be immediately removed from the Offering(s) and any related communications. We reserve the right to file a civil claim of action against You for any such damaging actions You take that materially harm Our Company.
Law and Jurisdiction
By using Our website, You hereby consent to Our Terms and Conditions of Use.
All Rights Reserved
All rights not expressly granted in these Terms and Conditions of Use or any express written here, are reserved by Company.
If You have any questions about any term of these Terms and Conditions of Use, please contact Us at ashley[at]enwnutrition.com. Thank You.