Terms of Use
Nicole Welsh Nutrition, Inc. Terms of Use
Last Updated: February 11, 2026
Nicole Welsh Nutrition, Inc. (“Nicole Welsh Nutrition”, “us“ or “we”) provides its services (described below) to you (“you”) through its website located at [www.nicole-welsh.com] (the “Site”) and through its related services, content, tools, products, data, or information supplied to you by Nicole Welsh Nutrition (the “Content” and collectively with the Site, the “Service(s)”), subject to the following Terms of Use (as amended from time to time, the “Terms”). Please read these Terms carefully before accessing or using any of the Services. Each time you access or use the Services, you agree to be bound by these Terms. If you do not agree to be bound by all of these Terms, you may not access or use the Services. In addition, certain areas of the Services may be subject to additional terms of use that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional terms of use applicable to such areas. In the event that any of the additional terms of use governing such area conflict with these Terms, the additional terms will control.
Please read the Terms carefully because they set forth the important terms you will need to know about the Services. YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CREATE AN ACCOUNT OR USE THE SERVICES.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH BELOW. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION UNDER SECTION 22(k) BELOW.
IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911. THE SERVICES ARE NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS.
THESE TERMS ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.
1. Acceptance of Terms and Conditions
Your access to and use of the Services is subject to these Terms, as well as all applicable laws and regulations. If you do not accept and agree to be bound by these Terms in their entirety, you are strictly prohibited from visiting, accessing, registering with and/or using the Services or any information or Content provided through the Services, except as necessary to review these Terms. The Services are continually under development, and we reserve the right to revise or remove any part of these Terms or the Services at our sole discretion at any time and without prior notice to you. Any changes to these Terms are effective upon posting to the Site. Unless otherwise indicated, any new Content added to the Services is also subject to these Terms upon posting to the Site. If you disagree with these Terms or any terms or conditions herein, your sole remedy is to discontinue your use of the Services. Your continued use after a change to these Terms has been posted constitutes your acceptance of these Terms as modified by such changes.
2. Limited Use and Availability
Our Services are currently only available to individuals who are located in states in which we offer the Service, are at least eighteen (18) years of age or older, or at least the age of majority in their jurisdiction of residence, if higher than eighteen (18), and who have accepted these Terms. By visiting, accessing, registering with or using the Service, you are (a) representing and warranting to us that you satisfy all of these eligibility requirements, (b) agreeing to comply with all applicable laws in visiting, accessing, registering with or using the Service, and (c) agreeing that you will only use the Service for lawful purposes. The Services are for your personal and non-commercial use. Our Services are subject to state and federal regulations and may change from time to time due to changes in applicable regulatory requirements. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION OR MATERIALS PROVIDED BY Nicole Welsh Nutrition OR OUR CONTENT PROVIDERS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
Nicole Welsh Nutrition offers certain nutrition and dietary related information. We do not provide medical services, and we are not a substitute for medical care. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT OF THE SERVICES, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH-RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ THROUGH THE SERVICES. THE USE OF AND RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICES, OUR EMPLOYEES, CONTRACTORS, OR GUESTS, IS SOLELY AT YOUR OWN RISK.
Nothing stated or posted on or available through the Site or any Service is intended to be, and must not be taken to be, the practice of medicine. For the purposes of these Terms, the practice of medicine includes, without limitation, the practice of pharmacy; licensed or registered dietitian or nutritionist services; or providing healthcare treatment, instructions, diagnosis, prognosis, or advice. Developments in medical research may impact the health, fitness, and nutritional topics discussed on or through the Services, and no assurance can be given that the information contained in the Services will always include the most recent findings or developments with respect to the particular material. Your access or use of the Services does not create in any way a physician/patient, counselor/client, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our nutritionists or dietitians. We do not recommend or endorse any specific tests, physicians, clinics, procedures, opinions, products, or other information that may appear on the Services.
Given this understanding, you understand that the Services may not be the most appropriate way for you to provide information to, communicate with, or seek medical care and treatment from, a provider. For example, certain medical conditions may require an in-person procedure with a medical provider or a healthcare professional other than Nicole Welsh Nutrition, or we may determine that your treatment requires an in-person office visit or is otherwise not appropriately addressed through use of the Services. In such a case, you may receive notification that you will be unable to use the Services for the particular issue you submitted and we may provide you with additional information regarding next steps.
3. Consent for the Use of Telehealth Services
Telehealth involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider or professional and a patient who are not in the same physical location. While the provision of healthcare services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. The telehealth services are not a substitute for in-person healthcare in all cases.
4. Duty to Provide Information, Access, and Connectivity
You are responsible for providing and maintaining, at your own risk, option and expense, appropriate software and hardware capabilities (consistent with any technical, quality or other requirements described in the Services) to enable use of the Services, including but not limited to, a computer or mobile device with a video camera and Internet access. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services. You also have a duty to provide truthful, accurate and complete information in any forms or other communications you submit to or through the Services.
We reserve the right to change the access configuration, including any software, hardware or other requirements of the Services at any time without prior notice.
5. Privacy Policy
We understand the importance of confidentiality and privacy regarding your personal information. Our Privacy Policy, which describes how we may collect, use, and disclose your personal information, is incorporated by reference into these Terms. By accessing our services, you agree that you are accepting our Privacy Policy.
6. Protected Information
When you set up an account with us, you are creating a direct customer relationship with us that enables you to access and utilize the various functions of the Services as a user. As part of that relationship, you provide us with certain information, including but not limited to your name, email address, shipping address and phone number, that we may collect, use, and disclose in accordance with our Privacy Policy, which is incorporated by reference into these Terms (collectively, the “Protected Information”). BY ACCESSING THE SERVICES, YOU AGREE THAT YOU ARE ACCEPTING OUR PRIVACY POLICY.
7. Registration; User Accounts, Passwords, and Security
You are obligated to register and set up an account on the Site in order to access the Services, and the Services are available only to Users who have registered and have been granted accounts with usernames and passwords. You agree to accurately maintain and update any information about yourself that you have provided to us. If you do not keep such information current, or fail to submit truthful, accurate and complete information, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and your use of the Services. You also agree to immediately notify us of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Services by emailing our support desk at [nicole.t.welsh@gmail.com] In addition, you agree to keep confidential your username and password and to exit from your user account at the end of each session. We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section. You may not use anyone else’s account at any time. You may be held liable for any losses incurred by us or another party due to someone else using your account or password.
When establishing an account, you will be required to provide a username and password that will be used as your login for your account. You should keep in mind that the Services and our services are run on software, hardware, and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control. In addition, persons with access to your computer, phone, or other mobile or other devices may be able to access the Services and information about you, including medical information, contained in the Services. It is your responsibility to affirmatively logout from your account when you are not actively using it. It is also your responsibility to secure and prevent unauthorized physical access to your computer, phone and other devices, and to protect the confidentiality of your username and password.
You must exercise caution, good sense, and sound judgment in using the Services. You are prohibited from violating, or attempting to violate, the security of the Services. Any such violations may result in criminal and/or civil penalties against you. We may investigate any alleged or suspected violations and if a criminal violation is suspected, we may cooperate with law enforcement agencies in their investigations.
8. Use and Ownership of the Services
The Services and the information available through the Services are protected by copyright laws throughout the world. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal use. Unless we otherwise specify under a separate license, your right to use any of the Services is subject to these Terms and all rights in the Services are reserved by Nicole Welsh Nutrition. You agree that we, and our suppliers, as applicable, own all rights, title and interest in the Services (including but not limited to, any computer code, social media posts, themes, objects, concepts, photographs, product descriptions, blog posts, artwork, illustrations, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation). You will not remove, alter or obscure any copyright, trademark, Services mark or other proprietary rights notices incorporated in or accompanying the Services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.
This license does not include any right to (i) sell, resell, or use commercially the Services, (ii) distribute, publicly perform, or publicly display any content, (iii) modify or otherwise make any derivative uses of the Services, or any portion thereof, (iv) use any data mining, robots, or similar data gathering or extraction methods, (v) download (other than page caching) any portion of the Services, except as expressly permitted by us, and (vi) use the Services other than for their intended purposes.
9. License to Information Submitted via the Services
Subject to any limitations on Protected Information described in Section 6 of these Terms, any information you transmit to us via the Services, whether by direct entry, submission, email or otherwise, including data, questions, comments, blog posts, forum communications, or suggestions (collectively, “Submissions”), will, to the extent permitted under applicable law, be treated as non-confidential and non-proprietary. Subject to any applicable account settings that you select, you grant us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Submissions (in whole or in part) for the purposes of operating and providing the Services to you and to our other users. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Submissions has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Nicole Welsh Nutrition, are responsible for all of the Submissions that you provide to the Services. In addition to the foregoing, Nicole Welsh Nutrition shall have the right, in its sole discretion, to edit, duplicate, or alter the Submission in any manner for any purpose that Nicole Welsh Nutrition deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Submission. You further agree that you shall have no right of approval and no claim to compensation in connection with the Submission.
If a Submission you make contains Protected Information, our rights under this section with respect to the use or disclosure of such Protected Information will be limited as and to the extent required under applicable law.
10. Prohibited Use
Any use or attempted use of the Services (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Services, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data, or information not intended by Nicole Welsh Nutrition to be made accessible to a user, (vi) to obtain any materials, or information through any means not intentionally made available by Nicole Welsh Nutrition, (vii) to reverse engineer, disassemble or decompile any section or technology on the Services, or any component of the testing kits in connection with the Services, or (viii) for any use other than the business purpose for which it was intended, is prohibited. You acknowledge and agree that the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws and are the sole property of Nicole Welsh Nutrition.
In addition, in connection with your use of the Services, you agree you will not:
a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or that may invade another’s right of privacy or publicity;
b) create a false identity or duplicative accounts for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Nicole Welsh Nutrition or Nicole Welsh Nutrition’s partner representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another;
e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
f) use the Services’ communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all-caps, or flooding continuous posting of repetitive text);
g) upload or transmit any unsolicited advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, phishing or any other form of solicitation, commercial or otherwise;
h) violate any applicable local, state, national or international law;
i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
j) delete or revise any material posted by any other person or entity;
k) manipulate or otherwise display the Services by using framing, mirroring or similar navigational technology;
l) probe, scan, test the vulnerability of or breach the authentication measures of, the Services or any related networks or systems;
m) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so;
n) harvest or otherwise collect information about others, including email addresses;
o) use any robot, spider, scraper, or other automated or manual means to access the Services, or copy, download, distribute or reproduce any content or information on the Services; or
p) assist or permit any person in engaging in any of these activities.
Nicole Welsh Nutrition reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a User’s access and/or account. Nicole Welsh Nutrition may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.
Except as may be provided in the Privacy Policy or prohibited by applicable law, Nicole Welsh Nutrition reserves the right at all times to disclose any information as Nicole Welsh Nutrition deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Nicole Welsh Nutrition’s sole discretion.
11. Right to Monitor
Nicole Welsh Nutrition reserves the right to monitor general use of the Services at any time as it deems appropriate and to remove any materials that, in Nicole Welsh Nutrition’s sole discretion, may be illegal, may subject Nicole Welsh Nutrition to liability, may violate these Terms, or are, in the sole discretion of Nicole Welsh Nutrition, inconsistent with Nicole Welsh Nutrition’s purpose for the Services.
12. Third-Party Goods and Services
Parties other than Nicole Welsh Nutrition (collectively, “Third-Parties”) may provide services or sell products through the Services, and Nicole Welsh Nutrition may also make available to you for purchase certain services, devices, items or products manufactured, distributed or sold by Third-Parties (collectively, “Third-Party Goods and Services”). Your use of any Third-Party Goods and Services and any interactions with Third-Parties, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such use or interactions, are solely between you and such Third-Parties. Nicole Welsh Nutrition neither controls nor endorses, nor has reviewed or approved, the Third-Party Goods and Services. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction involving Third-Parties or any Third-Party Goods and Services. You are solely responsible for, and shall exercise caution, discretion, common sense and judgment in, using the Services and disclosing personal information. Nicole Welsh Nutrition does not guarantee the accuracy, completeness or usefulness of any Third-Party Goods and Services, and expressly disclaims any liability for any errors or omissions in such content.
You agree that Nicole Welsh Nutrition shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of the Site, any Third-Party Goods and Services, or your interactions with any Third-Parties. In the event of any dispute between you and any Third-Party, any other User or any other entity or individual, you understand and agree that Nicole Welsh Nutrition is under no obligation to become involved in such dispute, and you hereby release and indemnify Nicole Welsh Nutrition, its affiliates and all of their respective subsidiaries, affiliates, contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, “Nicole Welsh Nutrition Parties”) from any and all claims, demands and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Services or the features and services therein. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Certain of Nicole Welsh Nutrition’s shareholders, directors, officers, employees, contractors or agents may have a financial interest in one or more Third-Parties, and may profit from your use of the Third-Parties and/or the sale of Third-Party Goods and Services to you.
13. Terms of Sale
All products and services offered for sale by Nicole Welsh Nutrition are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. Prices for products are subject to change at any time and you agree to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the Services. You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of products or services through our Services. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. We are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.
Only valid payment methods acceptable to us may be used to complete a purchase via the Services. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping and handling charges). If any of the products in your order are unavailable, we will only charge the prices, taxes and other applicable charges associated with the products that are included in the shipment. In connection with any purchase you make through the service, you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number and/or your email address. By submitting such information, you grant Nicole Welsh Nutrition without charge the irrevocable, unencumbered, universe-wide and perpetual right to provide such information to third parties (e.g., payment processing companies, buyers on the Services, sellers on the Services) for the purpose of facilitating the transaction. In the event that access to an applicable Service requires recurring payment, you agree that we (or our third-party payment service provider) may automatically invoice your account at the beginning of each recurring period. You acknowledge and agree that you are responsible for all charges incurred through your account, including any applicable taxes and fees.
We reserve the right to remedy User issues and concerns on a case by case basis. We reserve the right, in our sole discretion, to resolve customer issues and concerns based on the facts and circumstances of each User.
14. Termination
Nicole Welsh Nutrition may terminate your use of the Services or any of our features or services at any time and for any reason without notice, including, for example, for conduct violating these Terms or if we discontinue the Services. The provisions of these Terms concerning the Services’ security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and resolution of Disputes, indemnity and jurisdictional issues shall survive any such termination or any other termination of these Terms or your relationship with Nicole Welsh Nutrition. You agree that if your use of the Services is terminated pursuant to these Terms, you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold all Nicole Welsh Nutrition Parties harmless from any and all liability that any such Nicole Welsh Nutrition Parties may incur with respect thereto.
Except as required by applicable law (including any obligation to provide access to health records), we have no obligation, whether before or after the termination of your use of the Services, to return or otherwise provide to you or any third party on your behalf any content, any information you provide to us, any information your providers provided to us about or relating to you, or any other information that we may have that relates to you.
15. Disclaimers
Content and other information contained on the Services are provided by Nicole Welsh Nutrition as a convenience. Users relying on content or other information from the Services do so at their own risk.
THE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. ANY ACCESS TO OR USE OF THE SERVICES IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. THE NICOLE WELSH NUTRITION PARTIES AND EACH THIRD-PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SERVICES, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICES OR THE SITE. NICOLE WELSH NUTRITION DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE SERVICES. NICOLE WELSH NUTRITION DOES NOT WARRANT THAT THE SERVICES WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE NICOLE WELSH NUTRITION PARTIES OR ANY THIRD PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY AND CONSEQUENTIAL DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SERVICES OR ANY SERVICES PERFORMED BY NICOLE WELSH NUTRITION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NICOLE WELSH NUTRITION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE NICOLE WELSH NUTRITION PARTIES TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE LESSER OF $1,000 USD OR THE AMOUNT PAID BY YOU FOR USING ANY OF THE SERVICES.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, SERVICES OR CONTENT IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITE, SERVICES OR CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
17. Indemnification
You agree to defend, indemnify, and hold the Nicole Welsh Nutrition Parties and any third-party offering products or services through the Services harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Services, your fraud, violation of law, or willful misconduct, any breach by you of these Terms, your violation of any rights of any other person or entity, or any allegation that any Submission Materials infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party. We reserve the right to control the defense of any claim by a third-party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.
18. Notices
We may provide you with any notices regarding the Services or these Terms by email, a posted notice on the Services, or regular mail, in our sole discretion. By providing us with your email address, you consent to our using the email address to send you any notices. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current
19. Electronic Communications
When you access or use the Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you via email or through the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms.
20. Copyright
It is Nicole Welsh Nutrition’s policy to terminate membership privileges of any User who repeatedly infringes copyright, in appropriate circumstances, upon notification to Nicole Welsh Nutrition by the copyright owner or the copyright owner’s legal agent.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Services of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Nicole Welsh Nutrition’s Copyright Agent for notice of claims of copyright infringement is as follows: [nicole.t.welsh@gmail.com].
21. California Consumer Notice
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Services and the Site are provided by Nicole Welsh Nutrition, Inc. If you have a question or complaint regarding the Services or the Site, please contact customer service at [nicole.t.welsh@gmail.com]. You may also contact us by writing to Nicole Welsh, 8605 Santa Monica Blvd., PMB 759523, West Hollywood, CA 90069-4109. California users may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.
22. Dispute Resolution
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH NICOLE WELSH NUTRITION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
a. Choice of Law; Venue. You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in the State of California, and waive any objection to such jurisdiction or venue.
b. Statute of Limitations. Any claim under these Terms must be brought within one year after the cause of action arises, or such claim or cause of action is barred. The prevailing party will be entitled to costs and attorneys’ fees.
c. Binding Arbitration. In the interest of resolving disputes between you and Nicole Welsh Nutrition in the most expedient and cost-effective manner, you and Nicole Welsh Nutrition agree that any dispute arising out of or in any way related to these Terms or your use of the Services will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury and can be subject to very limited review by courts. These Terms to arbitrate disputes includes all claims arising out of or in any way related to these Terms, Nicole Welsh Nutrition’s Privacy Policy, or your use of the Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms (each, a “Dispute”). YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE NICOLE WELSH NUTRITION ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION. YOU FURTHER UNDERSTAND THAT THESE DISPUTE RESOLUTION TERMS WILL APPLY TO YOU AND THE NICOLE WELSH NUTRITION UNLESS YOU CHOOSE TO OPT OUT PURSUANT TO BELOW. Whether to agree to arbitration is an important business decision. It is your decision to make, and you should not rely solely on the information provided in these Terms as it is not intended to contain a complete explanation of the consequences of arbitration. You should take further steps to conduct research and to consult with others, including an attorney, regarding the consequences of your decision, just as you would when making any other important business or life decision. Nothing in these Terms, including the paragraph directly above, will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) bring an action in a court pursuant to the California Private Attorneys General Act of 2004, California Labor Code § 2698 et seq.; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim (collectively, “Excluded Disputes”).
d. No Class Arbitrations, Class Actions or Representative Actions. YOU AND NICOLE WELSH NUTRITION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING (OTHER THAN ACTIONS UNDER THE CALIFORNIA PRIVATE ATTORNEYS GENERAL ACT OF 2004, California Labor Code § 2698 et seq. WHICH ARE NOT COVERED BY THIS SECTION 14). Further, unless both you and Nicole Welsh Nutrition agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
e. Federal Arbitration Act. You and Nicole Welsh Nutrition agree that these Terms affect interstate commerce and that the enforceability of this Section shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent not prohibited by applicable law.
f. Notice; Informal Dispute Resolution. You and Nicole Welsh Nutrition agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within 30 days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Nicole Welsh Nutrition shall be sent by certified mail or courier to Nicole Welsh, 8605 Santa Monica Blvd., PMB 759523, West Hollywood, CA 90069-4109. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you Nicole Welsh Nutrition cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Nicole Welsh Nutrition may, as appropriate and in accordance with this Section, commence an arbitration proceeding or, to the extent specifically provided for in Section, file a claim in court.
g. Process. Except for Excluded Disputes, you and Nicole Welsh Nutrition agree that any Dispute must be commenced or filed by you or Nicole Welsh Nutrition within the applicable statute of limitations period, otherwise the underlying claim is permanently barred. You and Nicole Welsh Nutrition agree that (a) any arbitration will occur in the State of California, Los Angeles County (“Seat”), (b) arbitration will be conducted confidentially by a single arbitrator in accordance with Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA, and (c) that the state or federal courts of the State of California and the United States, respectively, sitting in the State of California, Los Angeles County, have exclusive jurisdiction over the enforcement of an arbitration award. If you commence arbitration in accordance with these Terms, we will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000, or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at the Seat, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in your demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Nicole Welsh Nutrition for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
h. Authority of Arbitrator. As limited by the FAA, these Terms and the applicable AAA rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
i. Rules of AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the AAA Rules, or (b) waive your opportunity to read the AAA Rules and any claim that the AAA Rules are unfair or should not apply for any reason.
j. Severability. If any provision of this Section is found to be unenforceable, then the entirety of this Section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described below will govern any action arising out of or related to these Terms or your use of the Services. If any term, clause, or provision of this Section is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section will remain valid and enforceable.
k. Opt-Out Right. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by writing to[nicole.t.welsh@gmail.com]. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance. Should you choose not to opt out of this Dispute Resolution provision within the 30-day period, you and Nicole Welsh Nutrition will be bound by the terms of this Dispute Resolution provision. You have the right to consult with counsel of your choice concerning this Dispute Resolution provision. You understand that you will not be subject to retaliation if you exercise your right to opt out of coverage under this Dispute Resolution provision.
23. General
a. Entire Agreement. These Terms, any supplemental agreements or terms, and our Privacy Policy constitute the entire legal agreement between you and us and will be deemed to be the final and integrated agreement between you and us, and govern your access to and use of the Services, and completely replace any prior or contemporaneous agreements between you and us related to your access to or use of the Services, whether oral or written.
b. Third-Party Beneficiaries. Except as otherwise provided herein, these Terms are intended solely for the benefit of Nicole Welsh Nutrition and you and are not intended to confer third-party beneficiary rights upon any other person or entity.
c. Interpretation. The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party.
d. Severability. Should any part of these Terms be held invalid, illegal, void or unenforceable, that portion will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
e. No Waivers. Our failure or delay to exercise or enforce any right or provision of these Terms will not constitute or be deemed a waiver of future exercise or enforcement of such right or provision. The waiver of any right or provision of these Terms will be effective only if in writing and signed for and on behalf of us by a duly authorized representative.
f. Governing Law. All matters arising out of or relating to these Terms will be governed by and construed in accordance with the laws of the State of California and the federal laws of the United States of America applicable therein without giving effect to any choice or conflict of law provision or rule.
g. Venue. Subject to the Dispute Resolution provision, above, any legal action or proceeding arising under these Terms will be brought exclusively in the State of California, Los Angeles County and we and you irrevocably consent to the personal jurisdiction and venue there.
h. Assignment. You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. We may assign our rights and obligations under these Terms in our sole discretion to an affiliate, or in connection with an acquisition, sale or merger. These Terms shall be binding upon and inure to the benefit of the applicable parties and their successors and permitted assigns.
24. Contacting Us
If you have any questions or concerns about these Terms, please contact us by email at [nicole.t.welsh@gmail.com].