Agreement between User and Nourish Medical Center’s Website & Program
Welcome to Nourish Medical Center’s Website & Program. The Nourish Medical Center’s Website & Program website (the “Site”) is comprised of various web pages operated by Nourish Medical Center (“Nourish”). Nourish Medical Center’s Website & Program is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of Nourish Medical Center’s Website & Program constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Nourish Medical Center’s Website & Program is an E-Commerce Site.
This Site may include a variety of features, such as health tips and videos, services provided at Nourish Medical Center, our online Supplement store, Nourish Programs, email
Visiting Nourish Medical Center’s Website & Program or sending emails to Nourish constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Nourish is not responsible for
Children Under Thirteen
Nourish does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Nourish Medical Center’s Website & Program only with permission of a parent or guardian.
Your purchase of a product, service or program may or may not provide for any refund. We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
Links to Third Party Sites/Third Party Services
Nourish Medical Center’s Website & Program may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Nourish and Nourish is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Nourish is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Nourish of the site or any association with its operators.
Certain services made available via Nourish Medical Center’s Website & Program are delivered by third party sites and organizations. By using any product, service or functionality originating from the Nourish Medical Center’s Website & Program domain, you hereby acknowledge and consent that Nourish may share such information and data with any third party with whom Nourish has a contractual relationship to provide the requested product, service or functionality on behalf of Nourish Medical Center’s Website & Program users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Nourish or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Nourish content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in
Third Party Accounts
You will be able to connect your Nourish account to third party accounts. By connecting your Nourish account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Nourish from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Nourish Content accessed through Nourish Medical Center’s Website & Program in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Nourish, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Nourish 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 Nourish in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American
Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Nourish 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.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN
OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. NOURISH MEDICAL CENTER AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
NOURISH MEDICAL CENTER AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NOURISH MEDICAL CENTER AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NOURISH MEDICAL CENTER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION
Nourish reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Nourish as a result of this agreement or use of the Site. Nourish’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Nourish’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Nourish with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Nourish with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and
Changes to Terms
Nourish reserves the right, in its sole discretion, to change the Terms under which Nourish Medical Center’s Website & Program is offered. The most current version of the Terms will supersede all previous versions. Nourish encourages you to periodically review the Terms to stay informed of our updates.
Nourish welcomes your questions or comments regarding the Terms:
Nourish Medical Center
10505 Sorrento Valley Road, Suite 225
San Diego, California 92121
Effective as of January 01, 2019
Privacy Compliance Certification
Nourish has HIPAA and OSHA certification.
*DISCLAIMER: These statements have not been evaluated by the Food & Drug Administration. These programs and products are not intended to diagnose, treat, cure or prevent any disease. The information contained herein is for informational purposes. Please be sure to consult your doctor before taking this or any other product/program. Consult your doctor for any health problems or before starting a new program.
Collection of your Personal Information
In order to better provide you with products and services offered on our Site, Nourish may collect personally identifiable information, such as your:
– First and Last Name
– Mailing Address
– E-mail Address
– Phone Number
If you purchase Nourish’s products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.
Nourish may also collect anonymous demographic information, which is not unique to you, such as your:
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
Use of your Personal Information
Nourish collects and uses your personal information to operate its website(s) and deliver the services you have requested.
Nourish may also use your personally identifiable information to inform you of other products or services available from Nourish and its affiliates.
Sharing Information with Third Parties
Nourish does not sell, rent or lease its customer lists to third parties.
Nourish may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases,
Nourish may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Nourish or the site; (b) protect and defend the rights or property of Nourish; and/or (c) act under exigent circumstances to protect the personal safety of users of Nourish, or the public.
Tracking User Behavior
Nourish may keep track of the websites and pages our users visit within Nourish, in order to determine what Nourish services are the most popular. This data is used to deliver customized content and advertising within Nourish to customers whose behavior indicates that they are interested in a particular subject area.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by Nourish. This information can
The Nourish website may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Nourish pages, or register with Nourish site or services, a cookie helps Nourish to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Nourish website, the information you previously provided can be retrieved, so you can easily use the Nourish features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Nourish services or websites you visit.
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Children Under Thirteen
Nourish does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
Disconnecting your Nourish Account from Third Party Websites You will be able to connect your Nourish account to third party accounts. BY CONNECTING YOUR NOURISH ACCOUNT TO YOUR THIRD PARTY ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON THOSE THIRD PARTY SITES). IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING PERSONALLY IDENTIFYING INFORMATION, TO BE SHARED IN THIS MANNER, DO NOT USE THIS FEATURE. You may disconnect your account from a third party account at any time. Users may learn how to disconnect their accounts from third-party websites by visiting their “My Account” page. Users may also contact us via email or telephone.
Opt-Out & Unsubscribe from Third Party Communications
We respect your privacy and give you an opportunity to opt-out of receiving
announcements of certain information. Users may opt-out of receiving any or all communications from third-party partners of Nourish by contacting us here:
- Email: firstname.lastname@example.org
- Phone: 619-345-3111
From time to time, Nourish may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our Services, we may receive a notification when you open an email from Nourish or click on a link therein.
If you would like to stop receiving marketing or promotional communications via email from Nourish, you may
External Data Storage Sites
We may store your data on servers provided by third party hosting vendors with whom we have contracted.
Changes to this Statement
Nourish welcomes your questions or comments regarding this Statement of Privacy. If you believe that Nourish has not adhered to this Statement, please contact Nourish at:
Nourish Medical Center
10505 Sorrento Valley Road #225
San Diego, California 92121
Effective as of January 01, 2019