LAST UPDATED MAY 18, 2020
This Terms and Conditions (“Terms and Conditions”, “Agreement”) is an agreement between Entirely Nourished, LLC (“Entirely Nourished LLC, LLC”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Terms and Conditions sets forth the general guidelines, terms and conditions of your use of the entirelynourished.com website and any of its products or services (collectively, “Website” or “Services”).
Entirely Nourished LLC reserves the right to store information on your computer in the form of a cookie or similar file for purposes of modifying this Website to reflect your preferences. Cookies allow us to respond to you as an individual, thus allowing us to personalize, customize and quickly process and complete your experience without having to continually request the same basic information from you. Cookies do not give us access to your computer or any information about you, other than the data you choose to share with us, and are not used to store any personal information such as name, address or payment information.
Disclosure to Authorities
Entirely Nourished LLC cannot guarantee that all private communications and other personally identifiable information will never be disclosed in ways not otherwise described in these Terms and Conditions. We reserve the right, and may be forced, to disclose any and all information to government bodies or government officials or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. As such, you authorize Entirely Nourished LLC to disclose any and all information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with any investigation of fraud, intellectual property infringements or other activity that is, or may be, illegal or that may expose Entirely Nourished LLC to legal liability.
You agree to indemnify, defend and hold harmless Entirely Nourished LLC, its affiliates, subsidiaries, officers, directors, owners, employees, agents, contractors, licensors and licensees, representatives, successors or assigns, from all damages, liabilities, costs and expenses, including reasonable attorneys’ fees, on account of any claim, suit, action, demand or proceeding made or brought against any such party, or on account of the investigation, defense or settlement thereof, arising in connection with your use of this Website.
Enforceability, Governing Law and Jurisdiction
These Terms and Conditions constitute the entire agreement between you and Entirely Nourished LLC. In the event that any of the terms or provisions of these Terms and Conditions shall be held by a court of competent jurisdiction to be unenforceable, then such terms or provisions shall be construed, as nearly as possible, to reflect the intentions of the parties with the other terms and provisions remaining in full force and effect.
Your access to, and use of, this Website and these Terms and Conditions are governed and construed in accordance with the laws of the State of New York, without regard to its conflicts of law provisions. Any action against Entirely Nourished LLC arising from, or relating to, your access to and use of this Website and the provisions of these Terms and Conditions must be brought by you exclusively in the state and federal courts located in New York County, State of New York. You consent and submit to the exclusive personal jurisdiction and venue of the state and federal courts located in New York County, State of New York, for the adjudication of all claims by Entirely Nourished LLC against you arising from, or relating to, your access to and use of this Website and the provisions of these Terms and Conditions. You agree to waive any and all objections that you may have to New York law as the governing law and to the sole and exclusive venue being New York County, New York. If you do not agree to these terms then you must immediately cease using this Website and its services. Your continuing to use this Website and its services shall constitute your consent to these terms.
Entirely Nourished LLC’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Entirely Nourished LLC in writing. You acknowledge and agree that you will not seek to litigate any claims against Entirely Nourished LLC or any of its affiliates on a class action or representative party basis and that you shall pursue such claims solely on an individual basis.
Limitations on Actions
Any action concerning any dispute that you may have with respect to, arising out of, or in connection with, this Website must be commenced within one (1) year after the cause of the dispute first arises, and your failure to do so shall permanently bar any cause of action that you may have.
You represent that you are 18 years of age or older and that you are not under any legal or other disability which limits your ability to comply with these Terms and Conditions.
Privacy and Security
Promotional Information and E-Newsletters
When you sign up to our Website, you agree to receive Entirely Nourished LLC notifications and promotional e-mails as well as e-newsletters and other e-mail special offers. If you change your mind and no longer wish to receive our e-mails, you may opt out at any time simply by sending us an e-mail or by clicking on the unsubscribe link in the e-newsletter.
You may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser’s preferences by following its instructions. If you choose to disable cookies you may still browse our Website but many of the features will not work.
Law and Jurisdiction