Terms of Use.
Effective Date: June 17, 2020 [Modified: June 29, 2020]
Welcome to asyouarenutrition.com (the “Website”). The following Terms of Use, together with any documents they expressly incorporate by reference (collectively, the “Terms”), govern your access to and use of the Website, including any content, functionality and services offered on or through the Website. If you continue to browse and use this Website, you are agreeing to comply with and be legally bound by the following Terms of Use which govern the relationship between you and Jessica Wrye, RDN, CDCES, as the owner of As You Are Nutrition, (“Company”, “I”, “Me”, or “My”) in relation to your use of this Website. Please read the Terms carefully before you start to use the Website. If you disagree with any part of these Terms, please do not use this Website.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company.
Changes to the Terms
I reserve the right to modify the Terms at any time. All changes are effective immediately when posted on the Website. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are encouraged to periodically review this page so that you are aware of any changes, as they are binding on you.
Privacy
Your use of the Website is also subject to As You Are Nutrition’s Privacy Policy. Please review the Privacy Policy, which informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms.
Any personal health information received through the Website will be handled in accordance with the terms contained in As You Are Nutrition’s HIPAA Privacy Policy which is incorporated into the Terms by reference. Because information sent through the Website is not secure or confidential, you should refrain from sending or uploading any personal health information through the Website.
Disclaimer
Your use of the Website is also subject to As You Are Nutrition’s Disclaimer. Please review our Disclaimer, which informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms by reference.
Accessing the Website
I reserve the right to withdraw or amend the Website and any service or material I provide on the Website in my discretion and without notice. I will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. I may periodically restrict access to some parts of the Website, or to the entire Website.
No Unlawful or Prohibited Use
You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website strictly in accordance with the Terms. As a condition of your use of the Website, you warrant to the Company that you will not use the Website or any of the resources available for download from the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website.
Intellectual Property
Intellectual property means intangible assets that are subject to statutory protection under applicable patent, copyright, and trademark law in the United States and internationally. Intellectual property includes, but is not limited to, business names, programs, designs, identifying trade or service marks, and symbols, electronic publications, trade secrets, and literary, musical, artistic, photographic, or film works.
The Website, any social media sites connected to the Website, and/or any electronic communication by As You Are Nutrition through the Website or by other means of electronic communication, contain intellectual property owned exclusively by Jessica Wrye, RDN, CDCES, owner of As You Are Nutrition. This includes, but is not limited to, name, logo, design, text, graphics, files, photographs, video and audio recordings, proprietary information and other intellectual property. Your use of the Website does not entitle you to make any unauthorized use of any protected content. Specifically, you shall not save, download, copy, modify, publish, transmit, participate in the sale or transfer of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format any content contained on the Website, any social media sites connected to the Website, and/or any electronic communication by As You Are Nutrition, in whole or in part without prior written consent. You agree that you do not acquire any ownership rights in any protected content. I do not grant you any licenses, express or implied, to the intellectual property of the Company except as expressly authorized by these Terms.
For materials, documents, and forms provided on the Website or for services purchased through the Website, you will have a non-transferrable and non-assignable right to view and use the services for private and non-commercial purposes only. All content included as part of the material, document, form or service, such as text, graphics, logos, images, as well as the compilation thereof, is the property of the Company and is protected by trademark and copyright laws and other laws that protect intellectual property and proprietary rights.
Accuracy
I have done my best to ensure that the information provided on the Website, including the resources available for download and any informational newsletters, are accurate and provide valuable information, but I cannot guarantee the accuracy of the information. The Company, including, without limitation, its owners, employees, or student interns, shall not be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
Personal Responsibility
By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website.
No Guarantees as to Results
I provide educational and informational resources that are intended to help users of the Website succeed. The ultimate success or failure will be the result of the user’s own efforts, particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company. I do not make any guarantees about the results of taking any action.
Prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of As You Are Nutrition or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.
Links to Third Party Websites and Services
The Website may contain links to other websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Websites, including without limitation any link contained in Linked Websites, or any changes or updates to Linked Websites. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Website or any association with its operators.
Certain services made available via the Website are delivered by third-party websites and organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers.
The Website provides a patient portal to a third-party service provider, SimplePractice. By using SimplePractice you acknowledge and consent to the Company sharing personally identifiable information and data with SimplePractice so that you are able to use the service provided. SimplePractice is a third-party service provider that is utilized by the Company and that has its own Terms of Use and policies. Users are encouraged to review the SimplePractice Terms of Use and policies before using the services provided. As You Are Nutrition does not control and is not responsible for SimplePractice’s content, services or business practices.
The Website uses a third-party payment processor, Stripe. By using Stripe you acknowledge and consent to the Company sharing personally identifiable information and data with Strip so that you are able to use the service provided. Stripe is a third-party service provider that is utilized by the Company and that has its own Terms of Use and policies. Users are encouraged to review the Stripe Terms of Use and policies before using the services provided. As You Are Nutrition does not control and is not responsible for Stripe’s content, services or business practices.
Materials, Documents and Forms
The Company provides materials, documents and forms (the “Documents”) for download on the Website. The Company grants you a limited, non-exclusive, non-transferable license to use these Documents for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Documents in any manner, except for modifications in filling out the Documents for your authorized use.
By downloading the Documents, you agree that the Documents may not be sold or redistributed without the express written consent of the Company.
Refunds
I do not offer refunds for services rendered, however, if you feel that my services are not working for you, please contact me to discuss the issue and determine whether to continue with the services.
No Warranties
I make no warranties regarding the performance or operation of the Website. Further, I make no warranties of any kind, express or implied, as to the information, content, materials, or services included on the Website or electronic communications from the Company.
Limitation of Liability
Your use of the Website is at your own risk and you agree to absolve the Company of any and all liability that you, or any person associated with you, my incur as a result of your use of, or inability to use, the Website; your use of, or reliance on services purchased through the Website; your use of third-party services and/or websites referenced through the Website; and/or using the materials, documents or forms available for download. This includes, without limitation, any direct or indirect loss, any lost profit, lost opportunity, lost revenue, lost data, losses resulting from security failure, computer viruses, or any indirect or consequential loss, arising from your use of the Website.
Where the exclusion or limitation of liability for damages is not permitted by law, liability is limited to the fullest extent permitted. If you are dissatisfied with any portion of the Website, or with any of the Terms, your exclusive remedy is to discontinue using the Website.
Indemnification
As a condition of using the Website, you agree to indemnify, defend, and hold harmless the Company, its owner, 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 or services, any user postings made by you, your violation of any rights of a third party, your violation of any applicable laws, rules or regulations, or your violation of any of the Terms.
No Joint Venture or Other Relationship
No joint venture, partnership, employment, or agency relationship exists between you Jessica Wrye, RDN, CDCES or you and As You Are Nutrition as a result of your use of the Website.
Severability
If any term, provision, or condition of these Terms are held by a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Entire Agreement
These Terms, along with the Privacy Policy and Disclaimer, constitute the entire agreement and supersede all prior and contemporaneous agreements and understandings pertaining to use of the Website.
Governing Law and Venue
These Terms shall be construed in accordance with and governed by the laws of California without giving effect to any conflict of laws principles.
The exclusive venue for any court proceeding or arbitration arising from the use of the Website, any form of electronic communication, and/or any use of social media sites connected with the Website shall be Napa County, California.
Waiver
The failure to enforce any right or provision of these Terms by Jessica Wrye, RDN, CDCES as owner of As You Are Nutrition will not be considered a waiver of those rights.
Contact
If you have any questions about these Terms, please email jessie@asyouarenutrition.com.