Last Revised: January 14, 2024

These Terms and Conditions and Disclaimer (“Terms”) govern your (“you” or “your”) use of Nurture Wellness LLC d/b/a Nurture’s (“Nurture,” “we,” ”us,” and “our”) website available at www.nurtureguthealth.com along with our related websites, applications, and other services provided by us, all content or information therein, (collectively, the “ Service”), and any products, offerings or services you purchase through the Service (“Products”). 

Please read these Terms carefully before accessing or using this Website. By accessing or using any part of this Website, you agree to be bound by these Terms and our privacy policy (“PRIVACY POLICY”) located at https://www.nurtureguthealth.com/privacypolicy . If you do not agree to all of these Terms, then you may not access or use the Websites or any of our Services therein.

APPLICABILITY OF TERMS AND CONDITIONS AND DISCLAIMER.

Your use of the Service and purchase of Products from Nurture is expressly made subject to these Terms. These Terms constitute the complete agreement between you and Nurture, and supersede all prior communications, representations and agreements, written or Nurture. No additional or different terms or conditions set forth in any purchase order or other communication from you to Nurture shall apply unless expressly agreed to in writing by Nurture, and Nurture hereby rejects any terms and conditions that are contrary to these Terms.

THESE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

MODIFICATIONS.

These Terms may be amended or modified by Nurture from time to time, on an ongoing basis. You are bound by the version of these Terms that is in effect on the date of your order of Products, or access to the Service, or other acceptance thereof. If we make material changes to these Terms, we will notify you by email or via our Service prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Service or purchase of Products after the effective date of modifications to the Terms indicates your acceptance of the modifications. If you do not agree to any of these terms or any future Terms, you may not use or access (or continue to use or access) the Service or purchase any Products.

ACKNOWLEDGEMENT. 

You hereby represent and warrant that: (i) you are an individual acting in your individual capacity or as an agent of a person or entity that has authorized you to act on that person’s or entity’s behalf; (ii) you possess the legal right and ability to make a credit card charge on your own behalf or on behalf of such other person or entity; (iii) you are at least eighteen (18) years of age; (iv) all information that you submit to Nurture is true, accurate, complete and current; (v) your registration and use of the Service complies with all applicable laws; and (vi) you have not been previously suspended or removed from the Service.

USING THE SERVICE.

NOT MEDICAL ADVICE. The information contained in the Website or Services is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the guidance of your doctor or other qualified health professional with any questions you may have regarding your health or a medical condition. Never disregard the advice of a medical professional, or delay in seeking it because of something you have seen on this Website.

FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. All of the information provided throughout the Website or in our Services (including the digital content delivered via email, blog, podcasts, live and prerecorded events, on social media, through webinars and other content, whether available for purchase or not) are resources for educational and informational purposes only. The information contained on the Website are not a substitute for personalized advice and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.

TESTIMONIALS DISCLAIMER. The Website may contain testimonials by users of our Services. The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our Services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.

PERSONAL RESPONSIBILITY. Your decision to visit our Website, use information contained herein, and purchase Services we offer is purely voluntary, and you understand we are not responsible or liable for any harm or damage to you or your business, life, health, or family resulting from direct or indirect use of materials or content contained on our Website. You agree to hold Company. harmless from any damages directly or indirectly resulting from your use of content or Services on our Website or distributed through email, and agree you will not make any claims against Company herein.

NO ENDORSEMENTS. We may provide links to other websites or resources, which are not maintained by or related to us. We have no control over these websites or resources and their content, and make no representations or warranties about the content, completeness, quality or accuracy of the links, goods, services, materials or information contained on any such website. Therefore, you acknowledge and agree that Nurture is not responsible for the availability of such links, resources and content, and is not responsible or liable for any content, advertising, products, services, or other materials made available on or from these linked websites. You also acknowledge and agree that Nurture is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by, or in relation to, the use of any content, goods or services offered through these links or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links.

INTELLECTUAL PROPERTY. Unless explicitly stated otherwise, Nurture owns all rights, titles, and interest in and to the Website and Services, including, without limitation, site content, organization, graphics, design, artwork, compilation and other matters related to or included on the Website and Services. Company name and all related names, logos, product and service names, designs, artwork and slogans are Company’s trademarks and you must not use these marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners and should not be used without those respective owners’ permission. Any unauthorized use, dissemination, reproduction, or copying of these terms or any content on the Website or Services will be prosecuted to the fullest extent of the law.

FOR LAWFUL PURPOSES. You agree to use the Website for legitimate, non-commercial purposes only. You shall not post or transmit through the Website any material which violates or infringes our rights, or the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

NO USERS UNDER 18 YEARS OLD. The Service and Products are intended solely for users who are 18 years of age or older, and any use or access of the Service or Products by anyone under 18 is strictly prohibited and in violation of these Terms. Nurture does not knowingly collect, use or solicit personal information about or from children aged 13 or younger. If we learn that Nurture has collected information from a child aged 13 or younger, we will delete that information as quickly as possible.

SERVICES DESCRIPTION. While we try to be as clear as possible in explaining the Services, we do not guarantee the description as entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to discontinue any of the Services at any time for any reason. All Services are subject to availability. We reserve the right to refuse or cancel any order with an incorrect price listing. Prices of all Services are subject to change. 

ACCOUNTS. You may need to create an account and  provide certain information about yourself in order to use some of the features that are offered through our Service. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree that any such information you give to the Nurture will always be accurate, correct and up-to-date. You agree that any usernames or passwords may only be used by you. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. We reserve the right to terminate your user account in our sole discretion. 

PAYMENTS.

1. In consideration for your purchase of Services, you agree to pay the price associated with that specific product or service listed on the Website. From time-to-time, Company may offer limited promotions through its email list or through other means. Those promotion rates are not guaranteed, and you understand that you are not entitled to any discounted prices.

2. You understand and agree that any information provided by you is true and accurate, to be relied upon by us and our team in processing payment and delivering our Services to you. Should your payment fail to process, we reserve the right to withhold the purchased Services from you unless and until payment is properly rendered. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. All payments shall be in U.S. dollars.

3. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

4. We reserve the right to refuse any order placed through the Website. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

PROMO CODES. If there are promo codes available, they may only be redeemed via purchases made on the Website, and are not redeemable for cash.

REFUND POLICY.

NO REFUNDS. All sales are final, and you agree no refunds will be issued. As such, you agree not to raise a dispute with your financial institution and/or credit card provider for Services you purchased and that we delivered to you.

LIMITED LICENSE. Your ability to view content on our Website grants you a limited, revocable, non-transferable license to use the information available to you for your personal, non-commercial use only. Should you decide to purchase Services from our Website, Nurture grants you a limited, personal, non-exclusive, non-transferable license to use them for your own personal and internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to publish, modify, edit, copy, reproduce, create derivative works of, reverse engineer, transfer, alter, sell, create derivative works of, enhance or in any way exploit any of the products in any manner, except for modifications in filling out the products for your authorized use. You shall not remove any copyright notice from any of the Website or Services. Doing so may infringe on our intellectual property rights, as outlined above. 

NO RESALE OF SERVICES OR WEBSITE CONTENT. You agree not to reproduce, duplicate, copy, sell, resell, create derivative works, or exploit, for any commercial or other purposes, any portion of the Services or Website or content or other information or materials of any kind that you do not own without our express prior written consent. This includes digital products, photographs, illustrations, artwork and/or free downloads.

AFFILIATE DISCLAIMER. Please note may contain links to affiliate websites, and we receive an affiliate commission, services and/or complimentary products for any purchases made by you on the affiliate website using such links.

AMAZON AFFILIATE. We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.   

THIRD PARTIES CONNECTING TO OUR WEBSITE. Nurture is not responsible for the content or practices of third-party websites that may be linking to our Website and Nurture makes no representation or warranty regarding such third parties, their websites, their content, or their goods and services.

FEEDBACK, COMMENTS AND TESTIMONIALS. With your prior permission, you agree that Nurture has the right to use your feedback whether in the form of emails, submissions, surveys, comments, calls, otherwise, for the purposes of marketing or promoting Nurture’s services and/or products. 

ERRORS, INACCURACIES, AND OMISSIONS. Information provided about the Website and/or Services is subject to change. Nurture makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. Nurture disclaims all liability for any inaccuracy, error or incompleteness in the Website.

NO GUARANTEE. Nurture may share the successful results, testimonials or reviews of Nurture, its users, or customers on the Website. Such examples are not to be interpreted as a promise or guarantee, verbally or in writing, regarding your results, future earnings, business profit, marketing performance, audience growth, or results of any kind. By accessing the Website and using our services you accept, agree and understand that you are fully responsible for your progress and results from your participation. We do not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in our Website and/or Services is a promise, warranty or guarantee to you of such results.

NO WARRANTIES. The use of the Website and Services are at your sole risk. The Website and Services are provided on an "as is" and "as available" basis. We make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Website and Services. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Nurture MAKES NO WARRANTY THAT (1) THE WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE WEBSITE AND SERVICES WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE WEBSITE AND SERVICES WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR (5) THAT THE WEBSITE AND SERVICES WILL BE ERROR-FREE AND/OR ANY ERRORS ON THE WEBSITE AND SERVICES WILL BE CORRECTED. No advice or information, whether oral or written, obtained by you from us through or from the Website shall create a warranty not expressly stated in these Terms. Some jurisdictions do not allow the disclaimer of implied warranties and/or limitations of liability, so a portion of the foregoing may not apply to you. In such a case, any such disclaimer or limitation of liability is limited to the minimum extent permissible under applicable law.

LIMITATION OF LIABILITY. You agree to absolve Nurture of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Services and/or any information and resources contained in the Website. You agree that Nurture shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Website and/or Services. 

INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Nurture, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website and Services and related 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. Nurture 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 Nurture in asserting any available defenses.

INDEPENDENT CONTRACTOR. Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. Nurture is agreeing only to provide Client with access to the Services, which may provide education and information. The information contained in the Services including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.

TERMINATION. Nurture reserves the right, in its sole discretion, to terminate your access to the Website and/or Services or any portion thereof at any time, without notice.

ARBITRATION AND DISPUTE RESOLUTION. Should any dispute arise, you agree to resolve any claim or controversy arising out of or relating to these Terms and Conditions by Mediation in the state of California by the American Arbitration Association, Dispute Resolution Services, and agree to be bound by the decision(s) of the selected mediator. Any costs and fees associated with the mediation, other than attorney fees, will be shared equally by the both of us. If the dispute is not resolved within thirty (30) calendar days after it is referred to the mediator, it shall be settled exclusively by submitting to binding arbitration in the state of California. A party electing arbitration must initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to do so. Costs of arbitration, including attorney fees, will be allocated by the arbitrator. 

For any dispute you have with Nurture, you agree to first contact us and attempt to resolve the dispute with us.

If you intend to seek arbitration you must first send written notice to Nurture of your intent to arbitrate (“Notice”). The Notice to Nurture should be sent by U.S. Postal Service certified mail to Nurture Wellness LLC, d/b/a Nurture, 1316 Guerrero St. San Francisco, CA 94110. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. The arbitration will be confidential and conducted by a sole arbitrator, in the English language, under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the American Arbitration Association ("AAA"), except as provided herein. Unless you and Nurture agree otherwise in writing, the arbitration will be conducted in Brooklyn, NY. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that Nurture will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $10,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts. 

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Nurture ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

GOVERNING LAW. These Terms shall be governed by the laws of the State of California (without regard to its conflicts of law principles).

EFFECT OF HEADINGS. The subject headings of the paragraphs and subparagraphs of the Terms are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

WAIVER. Company’s waiver of any of the provisions of these Terms shall not be deemed, nor shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by an authorized representative of Nurture.

SEVERABILITY. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

ASSIGNMENT. You may not assign these Terms without the express written consent of Nurture.

CHANGES TO TERMS. Nurture reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. Nurture encourages you to periodically review the 

SECURITY

Nurture cannot guarantee that unauthorized third parties will not be able to defeat our security measures. You acknowledge that you provide Your Content at your own risk. Please notify us immediately of any compromise or unauthorized use of your account.

RESTRICTIONS

a. You agree not to, and will not assist, encourage, or enable others to use our Service to:

• Violate our content guidelines, for example, by writing a fake or defamatory review, or compensating someone or being compensated to write or remove a review;

• Violate any third party’s rights, including any violation of any IP Rights or breach of confidentiality;

• Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;

• Promote a business or other commercial venture or event, or otherwise use our Service for commercial purposes, except as previously expressly authorized by Nurture in writing;

• Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate our search results or those on a partner website;

• Provide false or inaccurate content, or impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;

• Solicit personal information from minors, or submit or transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable in our reasonable opinion; or

• Violate any applicable laws or regulations.

• Create false disparaging comments or accusations against Nurture’s products 

b. You also agree not to, and will not assist, encourage, or enable others to:

• Violate these Terms;

• Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our Service or Site Content (other than Your Content), except as previously expressly authorized by Nurture in writing;

• Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of our Service or any Site Content;

• Reverse engineer, decompile, or disassemble any portion of our Service;

• Remove or modify any copyright, trademark or other proprietary rights notice that appears anywhere throughout our Service;

• Record, process, or mine information about other users;

• Access, retrieve or index any portion of our Service for purposes of constructing or populating a searchable database of product reviews;

• Reformat or frame any portion of our Service;

• Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Nurture’s technology infrastructure or otherwise make excessive traffic demands of our Service;

• Attempt to gain unauthorized access to our Service, user accounts, computer systems or networks connected to our Service through hacking, password mining or any other means;

• Use our Service or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature;

• Use any device, software or routine that interferes with the proper working of our Service, or otherwise attempt to interfere with the proper working of our Service;

• Use our Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, our Service or Site Content; or

• Remove, circumvent, disable, damage or otherwise interfere with any security-related features of our Service, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of our Service.

c. The restrictions set forth in this section (Restrictions) only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.

CONTACT INFORMATION.

The Service is offered by Nurture at 1316 Guerrero St. San Francisco, CA 94110. You may contact us by sending correspondence to that address or by emailing us at info@nurtureforall.com

NOTICE TO CALIFORNIA RESIDENTS.

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.