Last Revised: May 27, 2020
Integrative Nutritional Healing, LLC (Nurtured Bones)
Nurtured Bones, is a website created by Integrative Nutritional Healing, LLC . It is an educational website/platform that enables readers to gain information and ideas on how to live a healthy, active, vibrant lifestyle at any age (collectively, Integrative Nutritional Healing (Nurtured Bones), We, Our or Us).
By accessing or using the Platform Service, You are accepting these Terms, and You represent and warrant that You have the right, authority, and capacity to enter into these Terms on behalf of Yourself.
You may access or use this Platform Service ONLY IF you are 13 years of age or older (Minimum Age). However, if other applicable laws requires You to be older than age 13 in order to use, access or purchase the Platform Service, Programs or any other products and services offered by Us or Our Summit Presenters, or any other third party, then the Minimum Age will be the older age.
If You do not agree with all of these Terms, do not access and/or use the PLATFORM SERVICE or visit nurturedbones.com.
These Terms May Change
We may revise and update these Terms at any time. You should periodically re-visit the Terms to make sure you agree with any revisions.
Your continued use of Our Platform Service following any changes to Our Terms, policies or guidelines, constitutes your acceptance of Our amended Terms.
OUR PLATFORM SERVICE DOES NOT PROVIDE MEDICAL ADVICE
By accessing or using the Platform Service, You understand and agree that Your choice to follow any recommendations from or rely on any information provided by Us or any of the guests/affiliates are undertaken at Your own risk. It is Your sole responsibility to evaluate Your own health and wellness before undertaking to use any information available through this Platform Service.
The Platform Service is not intended to be a substitute for medical, professional, therapeutic or other counseling services, advice, diagnosis or treatment. Always seek the advice of Your physician or other qualified health provider with any questions You may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something You read or heard about through Our Platform Services.
1. Access to the Platform Service
1.1 License. Subject to these Terms, We grant You a non-transferable, non-exclusive, revocable, limited license to use and access the Platform Service (including the available Programs) solely for Your own personal, noncommercial use.
1.3 Changes to the Platform Service. We reserve the right, at any time, to modify, update, suspend, or discontinue the Platform Service (in whole or in part) with or without notice to You. You agree that We will not be liable to You or to any third party for any modification, updates, suspension, or discontinuation of the Platform Service or any part thereof. Unless otherwise indicated, any future release, update, or other addition to functionality of the Platform Service shall be subject to these Terms.
1.4 Integrative Nutritional Healing (Nurtured Bones) Intellectual Property. You acknowledge and agree that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, contained within or provided through the Platform Service and its content (e.g., Programs and other information, images, audio and visual materials, etc.) are owned by Us, or any other third party provider) (collectively, Integrative Nutritional Healing,IP). Neither these Terms (nor Your access to the Platform Service) transfers to You or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 1.1. We, Integrative Nutritional Healing and any other third party providers reserve all rights not expressly granted in these Terms and do not permit You to use any of the Integrative Nutritional Healing IP without Our prior written consent. There are no implied licenses granted under these Terms.
2.1 You agree to indemnify and hold Us (and Our officers, employees, independent contractors, agents and affiliates) harmless from any claims, disputes, demands, liabilities, damages, losses and costs and expenses (including without limitation reasonable attorney’s fees and costs) or demand made by any third party arising out of or in any way connected with Your (a) use of the Platform Service, (b) violation of these Terms, or (c) violation of applicable laws.
2.2 We reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us, and You agree to cooperate with Our defense of these claims. You agree not to settle any matter without Our prior written consent. We will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.
3. Programs by Others
The Platform Service contains Programs as well as related services and products, all of which are not under Our control and not Our responsibility. When You click on any of the links that may be a part of the Programs, the applicable third party provider’s terms and policies apply, including their privacy and data gathering practices. You should make whatever investigation You feel necessary or appropriate before proceeding with any transaction in connection with such Programs. You agree that We will not be responsible for any loss or damage incurred as the result of any such interactions with or use of the Programs (or related services and products).
4. Fees and Payments
4.2 You are fully responsible for, and agree to pay, all fees and other charges incurred in connection with Your use of or access to the Platform Services at the rates in effect when the fees or other charges are incurred.
4.3 If a charge to your credit or debit card is denied for any reason, We have the right to terminate or suspend Your access to any of the Platform Services, as well as any third party products and services. If your credit or debit card expires, Your continued use of the Platform Services constitutes Your authorization for Our Processor to continue billing You, and You will be responsible for any uncollected amounts.
THE PLATFORM SERVICE (INCLUDING PROGRAMS) IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND WE (HEREINAFTER, INCLUDING OUR SUMMIT PRESENTERS AND ANY OTHER THIRD PARTY PROVIDERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE PLATFORM SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PLATFORM SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
6. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HEALTHY AGING SUMMIT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE PLATFORM SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE PLATFORM SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNTS YOU HAVE PAID TO US FOR USE OF THE PLATFORM SERVICE OR ONE HUNDRED DOLLARS ($100) (WHICHEVER GREATER), PROVIDED YOU DO NOT HAVE ANY THEN-EXISTING PAYMENT OBLIGATIONS TO US. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT ANY SUMMIT PRESENTERS AND OTHER THIRD PARTY CONTRACTORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH IN THESE TERMS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.
7. Release and Waivers
7.1 Release. You hereby release and forever discharge Us (and Our officers, employees, agents, affiliates, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Platform Service (including any interactions with, or act or omission of, other Platform Service users or any Third-Party Links and Advertisements).
7.2 Residents of California. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
7.3 Jurisdictions Prohibiting Integrative Nutritional Healing Limitation of Liability. Notwithstanding any provision of these Terms, if Your jurisdiction has laws or regulations specific to waiver or liability that conflict with this Section 7.3 then Our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by Our negligence or that of any of Our officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
8. Advertisements and Links to Other Sites.
We may provide links to third party advertisements or websites. We are not responsible for the content on any third party advertisements or websites; therefore, we do not make any representations regarding their content or accuracy. Your use of third party advertisements or websites is at Your own risk and subject to the terms and conditions of use for such sites.
9. Term and Termination.
9.1 Subject to this Section, these Terms will remain in full force and effect while You use the Platform Service. We may, without any liability to You whatsoever, suspend or terminate Your rights to use the Platform Service (including Your Account) at any time for any reason at Our sole discretion, including for any use of the Platform Service in violation of these Terms. Upon termination of Your rights under these Terms, Your Account and right to access and use the Platform Service will terminate immediately.
9.2 Even after Your rights under these Terms are terminated, the following provisions of these Terms will remain in effect (e.g., survive the termination of the Terms): Sections 2.2 through 2.4, and Sections 3 through 8, 10.2, 11 through 13.
10. Electronic Communications. The communications between You and Integrative Nutritional Healing (Nurtured Bones) use electronic means, whether You use the Platform Service or send us emails, or whether we posts notices on the Platform Service or communicate with You via email. For contractual purposes, You (a) consent to receive communications from Us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect Your non-waivable rights.
11. Governing Law, Etc.
11.2 Time Limits. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Your use of the Platform Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
11.3 Waiver of Jury Trial. YOU AND INTEGRATIVE NUTRITIONAL HEALING WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
11.4 Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES CANNOT BE LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
12. General Terms. Except as otherwise stated herein, these Terms constitute the entire and exclusive agreement between You and Integrative Nutritional Healing regarding the Platform Service and the use and access thereof. These Terms supersede and replace any and all prior oral or written understandings or agreements between You and Integrative Nutritional Healing regarding the Platform Service and all content provided therein. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
12.1 The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.”
12.2 If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired (remaining in full force and effect), and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms, and Your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by You without Our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
13. Copyright and Other Intellectual Property Infringement Claims. We take the protection of Intellectual Property seriously. We respect the rights of others’ content and Intellectual Property, and We expect Our Users to do the same. You agree not to copy, distribute, display or otherwise reproduce any of the information available through the Platform Service without receiving Our prior written permission. We reserve the right (in Our sole discretion) to terminate and/or disable the accounts of Yours and any Users for materially or repeatedly infringing the intellectual property rights of Ours, Our Summit Presenters and other third parties in accordance with all applicable laws.
Claims of copyright or other intellectual property infringement can be sent to Our Copyright Agent, at Questions@WellnessEmpoweredU.com.
Any claims of alleged copyright or other intellectual property infringement must include:
1. Identification of the intellectual property works which are the subject of the claimed infringement.
2. Identification of the claimed infringing activity, including the location on Our Site or within the Platform Service of the infringing copy.
3. A statement with the signature of the person making the claim, which states that he/she is the owner, or authorized to act on behalf of the owner, of the infringed intellectual property, along with current contact information, which should include a mailing address, telephone number, and email address.
4. A statement of a good faith belief that the subject use is not authorized by the intellectual property owner.
5. A statement as follows: “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the intellectual property that is allegedly infringed.”
If a statement does not include all required elements, it will not be treated as actual notice under the U.S. Digital Millennium Copyright Act (17 U.S.C. §512), or other applicable U.S. intellectual property law.
Although U.S. law does not provide for a similar procedure for trademark infringement, We recommend that You send Us similar information to that above in regards to any allegation of trademark infringement, and We will address it as soon as practicable.
In the event We receive a claim, which substantially complies with the complaint requirements detailed above, We will remove the alleged infringing material from Our Platform Service, and notify You that the material has been removed. You may provide Us with a counter notice if You believe the claim is in error. If You are the subject of multiple claims, we may, in Our sole discretion, terminate Your account without further notice.
14. Contact Us.
PLEASE CONTACT US IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS.