Legal

DISCLAIMER

You should consult your physician or other health care professional before beginning this or any other diet or fitness program to determine if it is right for your needs, especially if you are pregnant, breastfeeding, have any medical condition, or are taking any medication.  Do not start this or any other diet or fitness program if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately.  The contents on our website are for informational purposes only, and are not intended to diagnose any medical condition, replace the advice of a healthcare professional, or provide any medical advice, diagnosis, or treatment.  If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. The use of any information provided on this site is solely at your own risk.  Developments in medical research may impact the health, fitness and nutritional advice that appears here. No assurance can be given that the advice contained in this site will always include the most recent findings or developments with respect to the particular material.

 

TERMS OF USE

This website is operated by Keri Glassman, LLC (“us/we/our”).  All rights are hereby reserved with respect to our service marks, trademarks, logos and trade dress (“Marks”).  “Website” means this website located at www.nutritiouslife.com, any subsequent URL which may replace it, and all associated websites, URLs and micro sites.  “You/your” means you as a user of the Website. “User” means all users of this Website. We offer this Website, including all information, products and services available from this Website, to you conditioned upon your acceptance of all the terms, conditions, policies and notices stated herein.

Your continued use of this WEBSite constitutes your agreement to these Terms of Use.

By accessing this Website, you agree to be bound by the Terms of Use set forth herein.  If there is anything you do not understand, please email any inquiry to info@nutritiouslife.com. If at any time you do not agree to these Terms of Use, please do not use this Website.

You shall not use the Website for any illegal purposes, and you will use it in compliance with all applicable laws and regulations. You shall not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired. You agree not to attempt any unauthorized access to any part or component of the Website.

1. Intellectual Property Ownership and Use

1.1 You acknowledge and agree that all of our trademarks, logos, copyrights and any and all other intellectual property rights in all material or content contained within this Website shall remain at all times vested in us or, in the cases where we are using such material or content under authority from a third party, in the owner of such material or content.

1.2 We grant you the limited right to access and make use of the Website as our User. However, you shall not: a) reproduce, duplicate, copy, sell or otherwise exploit the Website or any image, page layout, page design, trade dress, trademark, logo or other content (“Site Content”) for any commercial purpose; b)  use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Site Content; c) use any meta tags, search terms, key terms, or the like that contain the Website’s name or our trademarks; d) engage in any activity that interferes with the Website or another user’s ability to use the Website; e) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website and the goods or services offered on the Website; or f) assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.

1.3  You may not shall not use, copy, distribute, or exploit any of the Site Content in any manner without our prior written permission.

1.4 All Site Content and all materials and content contained within the Website, including but not limited to the text, graphics, logos, icons, images, audio clips, video clips, articles, posts and data appearing on the Website, are owned by us, or used by us under authorization, and are protected by U.S. and foreign trademark and copyright laws. No portion of the materials or content on these pages may be reprinted or republished in any form without our express written permission.

2. Infringement Notice

2.1 We respect the intellectual property rights of others and require that our users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the Website, please notify us by sending an email at the following address: info@nutritiouslife.com.

2.2 In order for us to more effectively assist you, the notification must include all of the following:

a. A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf;

b. A description of the copyrighted work or other right you claim has been infringed or violated;

c. Information reasonably sufficient to locate the material in question on the Website;

d. Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact you;

e. A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and

f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.

3. Errors and Inaccuracies

3.1 We strive to provide complete, accurate, up-to-date information on the Website. Unfortunately, despite those efforts, human or technological errors may occur. The Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability of products or the events we promote, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.

3.2 You acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors and look of products offered on the Website.

3.3 If YOU BELIEVE THAT a product offered by US is not as described, your sole remedy is to return it TO US FOR A REFUND.

4. Changes to Website or These Terms of Use

4.1 Other than as may be required by law, we reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you, and you confirm that we shall not be liable to you or any third party for any modification to withdraw or withdrawal of the Website or any portion of it.

4.2 We may alter these Terms of Use from time to time, and your use of the Website (or any part of the Website) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms of Use have been changed. If you do not agree to any change to the Terms of Use then you must immediately stop using the Website.

4.3 The Website is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.

5. External Sites and Resources

We are not responsible for the availability of any websites owned or controlled by third-parties. We do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such third-party external sites or resources.

6. Orders, Price and Resale

Nothing on the Website constitutes a binding offer to sell products described on the Website or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. The prices displayed on the Website are quoted in U.S. dollars and must be paid in U.S. dollars.  In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.

7. Online Services

7.1 The Website contains or may in the future contain various interactive portions, such as a user forum, message board, blog, or other types of interactive features that allow users  and others to post content on our Website (“Online Services”). We have no obligation to actively monitor the Online Services, but we reserve the right to do so. We are not responsible for, nor do we vouch for the accuracy of, the content of any user comments or other content that may be posted or uploaded by a user and/or written and uploaded by others. User comments and other content posted or uploaded by a user and/or others (“Third Party Content”) express the views and opinions of the author and do not necessarily reflect our views or opinions. We reserve the right, in our sole discretion, to edit, delete, or refuse to post Third Party Content, for any reason whatsoever.

7.2 If you believe that any Third Party Content is inaccurate or objectionable, you should contact us by sending an email to info@nutritiouslife.com. Please provide us with detailed information about the nature and location of the alleged objectionable material so that we may easily locate and investigate the same.

7.3 By using this Website, you agree that:

a. You will not upload, post, email or otherwise transmit any material or other content that: (i) is defamatory, libelous, disruptive, threatening, invasive of a person’s privacy, harmful, abusive, harassing, obscene, hateful, or racially, ethnically or otherwise objectionable; or that otherwise violates any law; (ii) contains software viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) infringes any person or entity’s intellectual property rights (including but not limited to, patent, trademark, trade secret, copyright or other intellectual property right).

b. You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.

c. You will not repeatedly post the same or similar message (“flooding”) or post excessively large or inappropriate images or content.

d. You will not distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including but not limited to, junk mail, spam and chain letters.

7.4 Third Party Content becomes public information. You should be very careful about posting personally identifiable information such as your name, address, telephone number or email address. If you post personal information online, you may receive unsolicited messages from other Users in return.

7.5 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password, regardless of whether such use is authorized by you or not.

7.6 If you submit any Third Party Content to this Website, you grant to us, and any of our successors, licensees, assigns, and affiliates, a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display the Third Party Content, and in any other media, now known or hereafter devised.

7.7 If you choose to communicate or meet with other users of the Website, you are doing so at your own risk. We do not, and have no obligation to, verify the identity of or otherwise screen our users for any reason. You acknowledge that there are risks, including the risk of physical harm, when dealing with strangers or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you may come in contact through the Website.

7.8 This Website is meant for users 18 years old and over. We will not knowingly allow any user less than 18 years of age to submit any Third Party Content to our Website.

8. Sales, Shipping, and Returns

8.1 We accept credit cards for our products and for The Nutritious Life Studio through our third-party payment processors. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order. Your credit card will be billed upon shipment of your order.

8.2 For a multiple product orders, our order processing company will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.

8.3 Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.

8.4 Your order will ship as it becomes available, and our order processing company will make every effort to ship your order as quickly as possible. There may be times when a product you have ordered is out-of-stock, which will delay fulfilling your order. You will be informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment. You may cancel your order at any time prior to shipping. We cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by us only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability

8.5 We will accept the return of products that are defective due to defects in manufacturing and/or workmanship within seven (7) days from the date you receive your purchase. Fulfillment mistakes that we make resulting in the shipment of incorrect product to you will also be accepted for return within seven (7) days from the date you receive your purchase.

8.6 Your credit card will be automatically charged for all applicable sales taxes; however, it is your responsibility as the customer to report any purchases of tangible personal property that have not been taxed by us and pay the sales or use tax on those purchases unless exempt under local state law.  If you are shipping outside of the US, once your order arrives at its destination, you will be required to pay all import duties, customs and local sales taxes levied by the country to which you are shipping in order to release your order from customs.  International duties and taxes will be marked “Bill to Recipient.” We are not responsible for orders not accepted due to failure to pay duties and taxes. International shipping, duty, and taxes are non-refundable in the event of a return/exchange.

9. No Medical Advice

NEITHER Information provided on this website NOR ANY INFORMATION PROVIDED BY PEOPLE WHO ARE CERTIFIED AS “NUTRITIOUS LIFE CERTIFIED” constituteS, and is not intended to constitute, the provision or practice of medical or professional health care advice or services. All data, information, ADVICE, text, graphics, links and other material on the website is provided as a convenience to you for your general informational and educational purposes only.  NEITHER INFORMATION ON THIS WEBSITE NOR INFORMATION PROVIDED BY PEOPLE WHOARE ARE CERTIFIED AS “NUTRITIOUS LIFE CERTIFIED” ARE INTENDED TO AUGMENT OTHER SOURCES OF INFORMATION AND SHOULD NOT BE CONSIDERED A SUBSTITUTE FOR YOUR PERSONAL RESPONSIBILITY AND DILIGENCE.

NEITHER Information provided on this website NOR ANY INFORMATION PROVIDED BY PEOPLE WHO ARE CERTIFIED AS “NUTRITIOUS LIFE CERTIFIED” ARE INTENDED to serve as clinical or medical advice, nor ARE THEY intended to be used for diagnosis or treatment of any condition or symptom. You should consult with your physician, mental health professional, or other qualified health care provider regarding any specific questions you may have. You should never disregard professional advice or delay in seeking treatment based on any information contained in this website or any other websites linked to or from this website AND/OR FROM ANY PEOPLE WHO ARE CERTIFIED AS “NUTRITIOUS LIFE CERTIFIED”.

INFORMATION CONTAINED IN THE WEBSITE OR FROM PEOPLE WHO ARE CERTIFIED AS “NUTRITIOUS LIFE CERTIFIED”  IS NOT EXHAUSTIVE AND DOES NOT COVER ALL CONDITIONS OR THEIR TREATMENT. SHOULD YOU HAVE ANY HEALTH CARE RELATED QUESTIONS, CALL OR SEE YOUR PHYSICIAN, MENTAL HEALTH PROFESSIONAL, OR OTHER QUALIFIED HEALTH CARE PROVIDER PROMPTLY, OR CONTACT YOUR LOCAL EMERGENCY SERVICES IN CASE OF AN EMERGENCY. ALWAYS CONSULT WITH YOUR PHYSICIAN, MENTAL HEALTH PROFESSIONAL, OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH YOUR HEALTH CARE RELATED QUESTIONS, OR BEFORE EMBARKING ON A NEW NUTRITION PROGRAM.

10. Disclaimers

10.1 WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION ON THE WEBSITE, THE ACCURACY OF INFORMATION PROVIDED BY PEOPLE WHO ARE CERTIFIED AS “NUTRITIOUS LIFE CERTIFIED”, AND/OR THE SUCCESS USERS WILL HAVE AS A RESULT OF THE PRODUCTS SOLD ON THE WEBSITE. THE WEBSITE AND THE PRODUCTS SOLD THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION.  WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE, INFORMATION PROVIDED BY PEOPLE WHO ARE CERTIFIED AS “NUTRITIOUS LIFE CERTIFIED” AND/OR THE PRODUCTS SOLD ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.

10.2 WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.

10.3 AS SET FORTH IN THE WEBSITE PRIVACY POLICY, YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE, AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR, THE SECURITY OR PRIVACY OF THE WEBSITE AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE WEBSITE BY YOU.

11. Limitations on Liability

WE WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE; IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED. THIS INCLUDES BUT IS NOT LIMITED TO ANY INJURY CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE, OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.

12. Indemnification

YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY THIRD PARTY CONTENT YOU POST TO THE WEBSITE AND ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES OR THESE TERMS OF USE BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE WEBSITE, OR THE USE BY ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR COMPUTER OR INTERNET ACCESS ACCOUNT.

13. CHOICE OF LAW, BINDING ARBITRATION CLAUSE. 

A. Any disputes arising out of or regarding these Terms of Use will be governed by the laws of the State of New York.  These Terms will be interpreted in accordance with the laws of the State of New York and the United States of America, without regard to its conflict-of-law provisions.

B. By visiting the Website or using the Services, you agree that, except as otherwise specified herein, the laws of the State of New York without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between us or any of our affiliates regarding your visit and use of the Website and Services.

C. We and you agree that in the event of any dispute, the party wishing to address the dispute must contact the other party in writing, including by e-mail, and advise the other party of the dispute in reasonable detail as well as informing the other party of the remedy being sought. We may send you notices via the email address or physical address you provide to us, and all notices to us shall be sent to the following email address: info@nutritiouslife.com.  The parties shall then make a good faith effort to resolve the dispute before resorting to more formal means of resolution. In the event that the dispute is not resolved through this procedure, the party raising the dispute may proceed to mandatory arbitration as set forth below.

D. Should the informal process set forth in the preceding subparagraph fail to resolve any dispute between us, ANY AND ALL DISPUTES WILL BE RESOLVED BY BINDING ARBITRATION.  WE AND YOU HEREBY AGREE TO GIVE UP THE RIGHT TO GO TO COURT to assert or defend our or your respective rights, except that matters may be instead taken to small claims court.  Except as set forth in these Terms any dispute arising out of or relating to these Terms, including with respect to the interpretation of any provision of these Terms or other agreements between you and us, or concerning the performance or obligations of you and us, shall be resolved by mandatory and binding arbitration submitted to JAMS (formerly known as Judicial Arbitration and Mediation Services, Inc.) at the request of either us or you and the parties’ rights will be determined by a neutral arbitrator, NOT a judge or jury, pursuant to the following conditions:

E. Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will conducted at a JAMS facility in the area of your hometown or at a JAMS facility in New York City.

F. Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.

G. Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Service, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.

H. Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties a written statement stating the disposition of each claim, as well as a concise statement of the essential findings and conclusions on which the award is based. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.

I. Costs and Fees. You will be subject to a filing fee, of no more than $250 or as otherwise set by JAMS, to initiate the arbitration. To the extent permitted by JAMS procedures and the law of Your state, each party shall bear its own costs and expenses and an equal share of the arbitrators’ and the administrative fees of arbitration.  We will remain responsible for our share of costs, expenses and fees plus any costs, expenses and fees required under JAMS procedures or state law.

J. Litigation. The Federal Arbitration Act and federal arbitration law apply to these Terms. Either party also may, without waiving any remedy under these Terms, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy).

K. The parties also agree that either party may bring suit in a court, located in New York County, New York to enjoin infringement or other misuse of intellectual property rights.  This provision applies to any litigation brought under Paragraph 4 hereof.

L. Other. The Federal Arbitration Act and federal arbitration law apply to these Terms. Both you and we expressly waive any ability to maintain any class action proceedings in any forum.

14. Class-Action Waiver

Any arbitration, claim or other proceedings by or between you and us shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, each party waives any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

15. Investigations of Violations of These Terms

We may investigate any reported violation of these Terms of Use and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, removing posted content and/or reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.

16. State Specific Notices

A. Notice for California Users

Under California Civil Code Section 1789.3, California Website users are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or by email at dca@dca.ca.gov.  In California, consumers shall not be required to pay the fees and costs of arbitration incurred by us if the consumer does not prevail in the arbitration (see Paragraph 13 above).

B. Notice For New Jersey Users 

Any disclaimer, limitation of liability, indemnification or damages provisions contained herein shall apply to New Jersey residents or New Jersey transactions only to the extent permitted by New Jersey law or New Jersey public policy.

17. Miscellaneous

17.1 If any part of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions of the Terms of Use.

17.2 These Terms as well as our Privacy Policy, and any other terms or agreements that may be posted on the Website (as may be amended from time to time) (“Website Agreements”) contain the entire agreement between you and us relating to the Website and your use of the Website and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information shall alter the interpretation of these Website Agreements. You confirm that, in agreeing to accept these Website Agreements, you have not relied on any representation except insofar as the same has expressly been made a representation in these Website Agreements, and you agree that you shall have no remedy in respect of any representation which has not become a term of these Website Agreements. These Website Agreements will be exclusively governed by and construed in accordance with the laws of the State of New York and, subject to the Arbitration Clause contained herein, the courts located in the City and County of New York will have exclusive jurisdiction in any dispute, except that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions (again subject to the arbitration clause contained herein).

17.3 To understand our privacy practices, please review our Privacy Statement which governs your visit to this Site, and which is hereby incorporated by reference into these terms.

18.  Contact Information

You may send us notices or communicate with us by email at info@nutritiouslife.com. If you send us an email that asks for a response, and you do not receive a response within ten (10) business days, please send us another email as we may not have received your previous email. When you send e-mail to us, you are communicating with us electronically, and you agree that we may communicate with you electronically. You acknowledge that that communications by email are not considered confidential communications. Therefore, please do not send us any confidential information by email.

DATE LAST MODIFIED January 17, 2018

 

PRIVACY POLICY STATEMENT

This Website is operated by Keri Glassman, LLC (“we/our/us”). “You/your” means you as a user of the Website. “User” means all users of this Website. We offer this Website, including all information, tools and services available from this Website, to you conditioned upon your acceptance of all the terms, conditions, policies and notices stated here.

We are committed to protecting your information. This Privacy Policy explains what information we may collect, how such information may be used and/or shared with others, how we safeguard it and how you may access and control its use in connection with our marketing communications and activities.

WE TAKE PRECAUTIONS WITH USER INFORMATION AND PERSONAL DATA. We value our users and respect your privacy. We collect information about you through the Website in an effort to improve your online experience and to communicate with you about our products and services. As described below, we may choose to share your information under certain circumstances with businesses with whom we work.  This Privacy Policy describes the personal information we collect about you, why we collect it, how we use it or may use it, and when we may share it with third parties. This Privacy Policy also describes the choices you can make about how we collect and use certain of that information.

By accessing this Website, you acknowledge this Website Privacy Policy and agree to be bound by the terms hereof, as well as the Terms of Use set forth on the Website and the mandatory arbitration and class-action waiver provisions contained therein.  If there is anything you do not understand please email any inquiry to info@nutritiouslife.com. If at any time you do not agree to this Privacy Policy, please do not use this Website.

We reserve the right to change or update this Privacy Policy by posting such changes or updates to the Website. Amendments to this Privacy Policy will be posted at this URL and will be effective when posted.  It is your responsibility to review any such changes or updates and check the Website from time to time to be sure you understand all terms and conditions, agreements and policies of the Website and are in compliance with them. You can tell if the policy has changed by checking the last modified date that appears at the end of this Privacy Policy. Your continued use of the Website following the posting of any amendment, modification or change shall constitute your acceptance thereof. 

1. Types of Personal Information Collected

We may ask you for certain kinds of personal information, such as your name, email address, street address, telephone number, gender, age, education, job experience, and other information that identifies you as an individual (“Personal Information”) to provide the services you request and/or when you apply to The Nutritious Life Studio.

When you send us an email, apply to The Nutritious Life Studio, sign up on our Website, use our services or purchase products from us, you may be added to our email list. Subscriptions to the email list can be cancelled at any time. To be removed from our email list, please email us at info@nutritiouslife.com and include your name and email address in the message, or click the “unsubscribe” button found at the bottom of the emails we send you.

We may automatically or passively collect information about how the Website is accessed and used (“Usage Information”). Usage Information may include, in part, browser type, operating system, device type, an estimate of your geographic location associated with your IP address, the page served, the time, referring URLs and other information normally transmitted in HTTP requests. This statistical data provides us with information such as how many visitors visit a specific page on the Website. Usage Information is generally non-identifying, but to the extent Usage Information may be associated with you as a specific and identifiable person and thereby provided us with personal information such as name, email address, telephone number or home address, we treat such information as “Personal Information” (i.e., information that could be used to contact you or to identify you personally) and will only use it for the purposes described in this Privacy Policy.

We may also automatically collect the internet protocol (“IP”) address or other unique identifier (“Device Identifier”) for each computer, mobile device, technology or other device (collectively, “Device”) you use to access the Website. A Device Identifier is a number that is automatically assigned to your Device when you access a website or its servers, and our computers identify each Device by its Device Identifier.

We currently use Authorize.net for payment processing.  We do not receive or store your credit card or bank account information, and we do not want you to send us your credit card or bank account information. Please review the terms of use and privacy policies of these third party payment processors, as we have no control over these third parties.

2. Use of Your Personal Information

We use the Personal Information we collect for various purposes, including:

  • to complete your purchase transactions
  • to provide the services you request
  • to determine if you are accepted to The Nutritious Life Studio, if you have applied
  • to keep you informed about the status of your orders
  • to identify your product and service preferences, so we can notify you of new or additional products, services, and promotions that might be of interest to you
  • to notify you of product recalls or provide other information concerning products you have purchased
  • to improve our merchandise selections, customer service, and overall Website experience
  • to communicate with you by email, postal mail, telephone, text message, or other means about our company, our products, our services, or other information that we believe may be of interest to you

3. Sharing Personal Information With Third Parties

3.1 We do not share, sell or trade your Personal Information with any third parties, except with your consent or as described herein. We do not contribute to or participate in cooperative databases, which give other companies access to such Personal Information. 

3.2 We may disclose your Personal Information when legally required to do so, to cooperate with law enforcement investigations or other legal proceedings, to protect against misuse or unauthorized use of the Website, to limit our legal liability and protect our rights or to protect the rights, property or safety of Users of this Website or the public.

3.3 We may also disclose your Personal Information to outside individuals and/or companies that help us bring you the products and services we offer and to create, operate, and maintain our Website. For example, we may work with third parties to: (a) manage a database of customer information; (b) assist us in distributing e-mails; (c) assist us with direct marketing and data collection; (d) provide data storage and analysis; (e) provide fraud prevention; (f) provide customer service; (g) provide product fulfillment and shipping services; and (h) provide other services designed to assist us in developing and running our Website and maximizing our business potential. We require that these outside companies agree to keep all information shared with them confidential and to use the information only to perform their obligations to us.

3.4 In addition, if we go through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information will likely be among the assets transferred.

3.5 Our Website may allow users to post comments and other content to our Website. Any Personal Information that you post to our Website will become public information and will be accessible by other users of the Website. In addition, your user name will be viewable by other users, and we therefore encourage you to use a user name that is not your actual name. We have no responsibility to maintain the privacy or security of any such Personal Information that you may choose to post to our Website.

4. Non-Personally Identifiable Information 

4.1 Through your use of this Website, we may also collect certain non-personally identifiable information from you (“NPII”). NPII is not associated with you as an individual. It is measured anonymously and only in the aggregate.

4.2 The Website may use cookies. A cookie is a small piece of information sent by a website that is saved on your hard drive by your computer’s browser. Cookies help us remember you when you return to the Website. Cookies also hold information to personalize and enhance your experience and to gather website statistical data, such as which pages are visited, the Internet provider’s domain name and the addresses of the sites you visited immediately before coming to and immediately after leaving the Website.  The information in the cookies lets us trace your “clickstream” activity (i.e., the paths taken by users of the Website as they move from page to page) to enable us to better serve our users by revealing which portions of the Website are the most popular. Cookies contain absolutely no Personal Information. You may disable cookies on your browser. Please review your browser’s instructions for doing so.

4.3 We may also use “pixel tags” (sometimes called “web beacons” or “clear gifs”), which are tiny graphic images, on the Website. Pixel tags help us analyze Users’ online behavior and measure the effectiveness of the Website and our advertising and marketing. We may also use other analytical tools to evaluate site performance through the use of aggregated data, which contain no Personal Information. We work with service providers that help us track, collect, and analyze this information. 


4.4 Cookies, pixel tags, and/or other analytical tools that we may use on the Website may collect information about your visit, including the pages you view, the features you use, the links you click, and other actions you take in connection with the Website. This information may include your computer’s Internet protocol (IP) address, your browser type, your operating system, date and time information, and other technical information about your computer. We may also track certain information about the identity of the website you visited immediately before coming to the Website. We do not otherwise track any information about your use of other websites. 


4.5 Cookies, pixel tags, and/or other analytical tools in our emails may be used to track your interactions with those messages, such as when you receive, open, or click a link in an email message from us.


4.6 We may also work with businesses that use tracking technologies to deliver advertisements on our behalf across the Internet. These companies may collect information about your visits to the Website and your interaction with our advertising and other communications, but no Personal Information is shared with them.

4.7 We may combine the NPII collected through cookies, pixel tags and other analytical tools with other information we may have collected from you. This information may be used to improve our Website, to personalize your online experience, to help us deliver information to you, to determine the effectiveness of advertising, and for other internal business purposes. 

4.8 We use Google Analytics in order to gather statistics on our Website. We will use the information gathered to improve the quality of our services. Google Analytics employs cookies to define user sessions, which allows for the collection of important data about how our visitors use our website. Google Analytics uses only first-party cookies for data analysis. This means that the cookies are linked to our Website, and Google Analytics will only use that cookie data for statistical analysis related to your browsing behavior on our Website. According to Google, the data collected cannot be altered or retrieved by services from other domains. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this Website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above. For more information on Google Analytics, please visit Google’s website.

5. Your Security

5.1 We strive to keep your Personal Information private and safe. We take commercially reasonable physical, electronic and administrative steps to maintain the security of Personal Information collected, including limiting the number of people who have physical access to database servers, as well as employing electronic security systems and password protections that guard against unauthorized access. In addition, it is our policy to never send your credit card number via e-mail. Please note that e-mail is not encrypted and is not considered to be a secure means of transmitting credit card information, so please do not send us your credit card number by email.

5.2 Unfortunately, despite our best efforts, the transmission of data over the Internet cannot be guaranteed to be 100% secure. While we will use every reasonable means to ensure the security of information you transmit through the Website, we cannot guarantee that such information will not be intercepted by third parties. We will, however, prosecute any unauthorized or fraudulent transactions to the fullest extent permitted by law.

6. Links to Other Websites

6.1 While visiting the Website, you may link to websites operated by third parties or you may have come to the Website using a link found in another website. In addition, we currently use third parties for our payment processing, and when you make a purchase, you may be directed to a third-party payment processor to complete your purchase. This does not mean that we endorse these websites or the goods or services they provide. We do not make any representations or warranties about any website that may be linked to the Website, including those of our payment processors. Such other websites are independent from us, and we have no control over, or responsibility for, their information, products or activities.


6.2 In addition, our privacy practices may differ from those of these other websites. If you provide Personal Information at one of those websites, you are subject to the privacy policy of the operator of that website, not our Privacy Policy. Please make sure you understand the other website’s privacy policy before providing Personal Information.

7. Opt-Out

You will receive emails from us only if you have asked to receive them. If you do not want to receive e-mails from us you may click on the “unsubscribe” link at the bottom of any email communication sent by us. Please allow us 10 business days from when the request was received to complete the removal, as some of our promotions may already have been in process before you submitted your request.

8. “Spoofing” And “Phishing”

A common Internet scam is known as “spoofing” or “phishing.” This occurs when you receive an email from what appears to be a legitimate source requesting Personal Information from you. Please be aware that we will not send you any emails requesting you to verify credit card, bank information, or any other Personal Information. If you ever receive an email that appears to be from us requesting such information from you, DO NOT respond to it, and DO NOT click on any links appearing in the email. Instead, please forward the email to us at info@nutritiouslife.com, as we will investigate instances of possible Internet fraud.

9. Children and Privacy

The Website is not meant for children, and we will not knowingly collect any Personal Information from children under the age of 13 without verified parental consent. If we become aware that we have unknowingly collected Personal Information from a child under the age of 13, we will make reasonable efforts to delete such information from our records.

10. Remarketing and Do No Track Signals

10.1 This Website uses the Google AdWords remarketing service to advertise on third party websites (including Google) to previous visitors to our site. It could mean that we advertise to previous users who have not provided us with any Personal Information or completed a task on our Website, for example using the contact form to make an inquiry. This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. Third-party vendors, including Google, use cookies to serve ads based on someone’s past visits to our Website. Any data collected will be used in accordance with our own privacy policy and Google’s privacy policy. You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to you can opt out of interest-based advertising entirely using cookie settings or permanently by using a browser plugin.

10.2 Other than through Google AdWords, we do not currently track our users over time and across third party websites to provide targeted advertising.

11. Your California Privacy Rights

11.1 Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of Personal Information we share with third parties or corporate affiliates for those third parties’ or corporate affiliates’ direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following email address: info@infocuscapitalpartners.com.  Please allow 30 days for a response. We do not currently share any Personal Information with any third parties or corporate affiliates for direct marketing purposes.

11.2 In addition, please note the following:

(a) Users can visit our Website anonymously;

(b) We will add a link to this Privacy Policy on our home page, or at a minimum, on the first significant page after entering our Website;

(c) Our Privacy Policy link includes the word “Privacy” and can be easily be found on the page specified above.

12. Disclosure for Legal Purposes

You hereby authorize us to disclose any of your Personal Information pursuant to judicial and administrative proceedings and to law enforcement or government agencies if we believe the disclosure is necessary or appropriate. You also authorize us to disclose Personal Information if we believe the disclosure is necessary or appropriate in the event of an investigation of improper or illegal conduct in connection with the Website, such as fraud, misrepresentation, intellectual property infringement, or other activity that may put us at risk for liability.

13. Non-Confidential Information

We do not want you to send to us any confidential or proprietary information through email or otherwise. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting the same to us, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute the information for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.

14. CHOICE OF LAW, BINDING ARBITRATION AND CLASS-ACTION WAIVER

By using this Website, you are agreeing to our choice of law, binding arbitration and class-action waiver provisions contained in our Terms of Use, which are accessible on this Website.

15. Assignment

We may freely assign this Privacy Policy or any of our rights and/or obligations hereunder.

16. Contact

If you have any questions about your privacy or security at the Website, please send an email to info@nutritiouslife.com and include your name and email address in the message. If you do not receive a response from us to any emails you send to us within 10 business days, please send us another email as your original email may not have been received.

DATE LAST MODIFIED: January 17, 2018

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