Digital Goods Agreement

Effective: Sept 14, 2024

Introduction

Confident Nutrition LLC (“Company,” “us,” “our,” or “we”) is providing this Digital Goods Agreement (“Agreement”) to inform purchasers and users of digital goods offered through Confident Nutrition (“purchaser(s),” “user(s),” “you,” or “your”) about your rights, access, use, and limitations with or of the digital goods.

Digital goods refer to products, assets, and commodities that exist in digital form and are delivered electronically, including but not limited to online courses or programs, digital workbooks, digital content, digital downloads, etc.

Purchase Terms

By purchasing or using a digital good from us, you are agreeing to the terms of this Agreement. If you do not want to agree to the Agreement, your choice is to stop purchase and use of the digital goods.

All purchases are final, and no refunds will be issued due to the immediate availability of the digital goods upon purchase. Payments must be made in full at the time of purchase via the accepted payment methods. Your payment method will be charged immediately upon purchase, and delivery of the digital goods will occur once payment is confirmed.

Non-Transferable, Personal Use

All digital goods are for your personal, non-commercial use only and are non-transferable, non-exclusive, and revocable. You may not sell, license, distribute, or otherwise exploit any of the digital goods for commercial purposes. Any violation of this provision may result in the termination of your access to the digital goods without refund or notice and the potential for legal action against you.

The digital goods are copyrighted work belonging to Confident Nutrition. Excluding any user content that you may provide (such as answers to workbooks, etc), all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the digital goods and its contents are owned by us or our suppliers. This Agreement and access to the digital goods do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in this document.

The rights approved to you in this Agreement are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the digital goods; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the digital goods; and (c) except as expressly stated herein, no part of the digital good may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the digital goods shall be subject to this Agreement. All copyright and other proprietary notices on the digital goods must be retained on all copies thereof.

Support

Unless specifically included with the digital goods, there is no additional support provided. Additional support must be purchased separately.

No Guarantees or Warranties

We do not guarantee any specific health or other results from the use of our digital goods. The implementation and effectiveness of the provided solutions are solely dependent on your individual context and effort.

Intended for 18 and Up

The digital goods offered through Confident Nutrition are intended for adults 18 years of age and older, and by continuing to purchase and use it you verify you are over age 18.

Limitation on Liability

There is no guarantee that the digital goods 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. We reserve the right to change, suspend, or cease the digital goods with or without notice to you. In no event will we be liable to you or any third-party for any 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 incapability to use the digital goods even if we have been advised of the possibility of such damages. Access to and use of the digital goods 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.

Changes and Updates

We reserve the right to update or modify this Agreement at any time. Changes will become effective upon being posted on our website. Your continued purchase and/or use of the digital goods after any such changes are made will constitute acceptance of the revised Agreement.

Governing Law

This Agreement is governed by and construed in accordance with the laws of Seattle, WA USA, without regard to its conflict of laws principles. Any disputes arising under this Agreement shall be resolved exclusively in the courts located in Seattle, WA USA. 

Acceptable Use Policy

You agree not to: (i) upload, transmit, or distribute to or through the hosting platform for the digital goods (“Host”) any software intended to damage or alter a computer system or data; (ii) send through the Host unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) interfere with, disrupt, or create an undue burden on servers or networks connected to the Host, or violate the regulations, policies or procedures of such networks; (iv) attempt to gain unauthorized access to the Host, whether through password mining or any other means; or (v) use software or automated agents or scripts to produce multiple accounts on the Host, or to generate automated searches, requests, or queries to the Host.

We reserve the right to review any user content submitted to a location such as the Host (for example, in fillable forms within courses), and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person. Such action may include removing or modifying your user content, terminating your Account, and/or reporting you to law enforcement authorities.

If you provide us with any feedback or suggestions regarding the Host or digital goods, you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary, unless HIPAA laws should apply, but it should not be assumed that the Host or any other method of communication is HIPAA-compliant for protected health information unless stated as such elsewhere.

You agree to indemnify and hold us and our officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the digital goods, (b) your violation of this Agreement, (c) your violation of applicable laws or regulations or (d) your User Content. We reserve the right 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 the prior written consent of us. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Third-Party Links & Ads

The digital goods may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under our control, and we are not responsible for any Third-Party Links & Ads. We provide access to these Third-Party Links & Ads only as a convenience to you, and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

Information We Collect

We collect information that you provide to us when filling out forms or surveys,  making purchases, contacting us or leaving comments and user contributions where permitted. This information may include your name, address, email address, phone number and billing information when you make a purchase from us. It should not be assumed that the Host is HIPAA-compliant for protected health information unless stated as such elsewhere. The Healthie platform is HIPAA-compliant and information you submit within a course or program on that platform will be kept in compliance with those regulations. Additionally, credit card details are securely held by Healthie’s PCI-compliant processor, and we are only able to view the last four digits of the payment method on file.

We may also collect information automatically as you navigate the digital good on certain Hosts. Technologies such as Google Analytics or built in trackers on the Host may collect information such as your location, your activity on the Host (such as access date, progress through a course, etc), your device, your browser and your IP address. This information is collected for statistical purposes to help us understand how users interact with the digital goods and improve user experience. Information you provide to us may be associated through these technologies with your user data which helps us deliver a more personalized experience. We may also collect information from third parties who are our business partners.

Data Security

We have taken reasonable steps designed to secure your personal information from accidental loss and unauthorized access. We utilize industry recognized technology to protect your information and use care to select any third-party providers that implement solutions on the Website. Payment transactions initiated through the Host will be encrypted using SSL or equivalent technology.

You also play a key role in the security of your information. Where we have given you (or where you have chosen) a password for access to certain parts of the digital goods, you are solely responsible for keeping this password confidential.  Unfortunately, the Internet and other digital platforms cannot be 100% secure. Although we take reasonable measures to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Host or your digital good, and you should never transmit payment or other sensitive data by email or text message. The transmission or posting of personal information and user content is at your own risk.

Copyright Policy

We respect the intellectual property of others and ask that you do the same. In connection with our digital goods, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our digital goods who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our digital goods is unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to the contact information below:

• • your physical or electronic signature;

• • identification of the copyrighted work(s) that you claim to have been infringed;

• • identification of the material on our digital goods that you claim is infringing and that you request us to remove;

• • sufficient information to permit us to locate such material;

• • your address, telephone number, and e-mail address;

• • a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

• • a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

Electronic Communications

The communications between you and us use electronic means, whether you use the Host, digital goods, or send us emails, or whether we posts notices on the Host 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 obligation that such communications would satisfy if it were be in a hard copy writing.

Copyright/Trademark Information

Copyright ©2024 Confident Nutrition. All rights reserved. Specific digital goods may also have different copyrights which you acknowledge. All trademarks, logos and service marks displayed on the digital goods are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Contact Information

If you have any questions or concerns about this Agreement please contact us:

admin@confidentnutritionnow.com

Confident Nutrition, 1011 N 49th St, Seattle, WA 98103 USA