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Terms Of Use/Affiliates

Terms of Use – The Nutrition Mom, LLC, Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site. The Nutrition Mom, LLC (“TNM”) may revise and update these Terms and Conditions at any time. Your continued usage of TheNutritionMom.com or StephanieMerchant.com websites (“Site”) will mean you accept those changes.

 

The Site Does Not Provide Medical Advice
The contents of the Site, such as text, graphics, images, information obtained from TNM’s licensors, and other material contained on the Site (“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 questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.

Using this web site does not establish a coach-client relationship with Stephanie Merchant or with TNM, LLC, or its licensors. This Site does not offer diagnosis and/or treatment for medical conditions. You must consult with your own doctors in determining if the methodologies suggested on this site are appropriate for you and your conditions.

Use of Content
TNM  authorizes you to view or download a single copy of the material on the Site solely for your personal, noncommercial use if you include the following copyright notice: “Copyright ©2013, The Nutrition Mom, LLC. All rights reserved.” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of other items accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with TNM or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of TNM. All rights not expressly granted herein are reserved to TNM and its licensors.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Digital Products/Courses

We strive to create educational materials that would be of interest. This is not to be taken as medical advice. Please always consult your physician before taking on any new diet or lifestyle practice. E-books are sold as electronic documents. Hard copies are not available at this time unless specified on the product page.

Our Limited License to You:

You are purchasing one single copy of the online product. Duplicating, sharing, or uploading product files to sharing sites is considered stealing.  Those who do this will be prosecuted to the full extent of the law. All digital “TNM” products are protected by copyright, trademark, and other intellectual property laws. The Product is provided solely for your personal, noncommercial use. You may not use the Product or the materials available on the Product in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Product. You may, however, from time to time, download and/or print one copy of individual pages of the site for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.

Refund Policy: These programs are downloadable and/or viewable through streaming. There are no refunds, no exceptions. Please read the product descriptions carefully and ensure you are aware of what you are getting. Note that it is your responsibility to ensure your computer is up for the job. Technology Issues: You are responsible for ensuring you have all of the necessary technology to run these online programs. Refunds will not be offered based on your technical issues. Please ensure you can clearly view our preview videos and download the sample documents in advance of purchase if you have any concerns about your computer’s capacity to handle this type of program. We will not be liable for any technical issues beyond the steady serving of our own website. Bonus Packages: If you opted to register for one of the package options, it is your responsibility to use the bonus by the deadline date. All credits to “TNM” must be used on or before expiry date. No extensions will be offered and the credit must be used in its entirety in a single purchase. There is no cash value or cash refund value of any credit notes. If you chose a package that includes a one on one consultation, it is your responsibility to book it before the deadline date. “TNM” is not responsible for anything relating to transactions with third party companies that are being promoted or offering additional bonuses in connection with this program. Download links for e-products (books, guides and mp3 lectures) are valid and functioning for one (1) download per link. It is the sole responsibility of customer/purchaser to know where downloaded files end up on their own computer systems and to back-up any downloadable products. “TNM” is not responsible for lost documents, crashed computers etc. and will not send any additional download links for lost/misplaced files. Once your download link is sent to you, it is your responsibility to download all documents in a timely manner.

Online Delivery

Delivery of e-books or documents to accompany class registration should be received within five minutes of placing order. This is an automated process and should function efficiently 24 hours a day. If you do not see an email with a confirmation and link to download your product, please do the following:

  • Confirm that payment went through
  • Confirm that you entered the correct email address
  • Confirm that the document did not go to any other folders, such as junk/trash

All orders will have a receipt number. If you are not sure whether a purchase went through, email support(at)thenutritionmom(dot)com and someone will look into the matter and get back to you within two business days.

Passwords

To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Liability of The Nutrition Mom, LLC, and Its Licensors

The use of the Site and the Content is at your own risk.

When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of TNM and its suppliers. Accordingly, TNM assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.

TNM maintains no responsibility for any actions you take as a result of visiting or reading content on this site. Healing techniques and recipes discussed are for your own use, if you choose, but do not in any way take the place of medical attention, diagnosis, or treatment.  Any medical decisions you make as a result of coaching are your sole responsibility.
The Site and the content are provided on an “as is” basis. TNM, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, TNM, its licensors, and its suppliers make no representations or warranties about the following:
1. The accuracy, reliability, completeness, currentness, or timeliness of the content, software, text, graphics, links, or communications provided on or through the use of the Site or TNM.
2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the Site.
In no event shall TNM, its licensors, its suppliers, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not TNM, its licensors, its suppliers, or any third parties mentioned on the Site are advised of the possibility of such damages. TNM, its licensors, its suppliers, or any third parties mentioned on the Site shall be liable only to the extent of actual damages incurred by you, not to exceed the lesser of (1) the amounts you have paid TNM for Services or Content made available to you on this Site, or (2) U.S. $500. TNM, its licensors, its suppliers, or any third parties mentioned on the Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

Advertisements, Searches, and Links to Other Sites
TNM may provide links to third-party web sites. TNM does not recommend and does not endorse the content on any third-party websites. TNM is not responsible for the content of linked third-party sites. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. TNM does not endorse any product, service, or treatment advertised on the Site.

Indemnity
You agree to defend, indemnify, and hold TNM, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

General
TNM is based in Harris County, Texas in the United States of America. TNM makes no claims that TNM and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.

Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with TNM or in any way relating to your use of the Site, resides in the courts of the State of Texas and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Texas in connection with any such dispute including any claim involving TNM or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Complete Agreement
Except as expressly provided in a particular “legal notice” on the Site, and these Terms and Conditions constitute the entire agreement between you and TNM with respect to the use of the Site, and Content.

Affiliate Links

You should assume that all links to products or services may be through an affiliate link which would result in The Nutrition Mom, LLC gaining a referral commission on any purchases you make through that link.