Website Terms and Conditions
Effective: Aug 24, 2023
Confident Nutrition LLC (“Company,” “us,” “our,” or “we”) is providing this Website Terms and Conditions of Use (“Terms”) to inform users of our website (“user(s),” “you,” or “your”) about how you can access, use, and interact with the content on our website, how we use content, and how you can make choices about how we use the content you submit.
By accessing our website, https://confidentnutritionnow.com, you are consenting to these Terms. If you do not want to agree to the Terms, your choice is to stop accessing and using the Website, content, and digital products.
My business is registered in Seattle, WA USA. You may live in an area with stricter policies. By continuing to use this Website you agree to these terms even if they may be less strict than that of your location.
These Terms may change in the future, and your continued use of the Website is deemed acceptance of these changes so you are encouraged to periodically check for any changes or updates. The most recent date these Terms were updated is noted at the top of the page.
Intended for 18 and Up
The Website is intended for adults 18 years of age and older, and by continuing to use it you verify you are over age 18. No one under age 18 may use this Website.
Changes and Updates
We may update these Terms in the future to reflect changes to our business practices or for legal reasons. The date these Terms were last revised is noted on this document. You are responsible for periodically visiting our Website and these Terms to check for any changes. Continued use of the Website constitutes your consent to the most recent version of these Terms.
Access to the Website
We grant you a non-transferable, non-exclusive, revocable, limited license to access the Website solely for your own personal, noncommercial use.
The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website; (c) you shall not access the Website in order to build a similar or competitive Website; and (d) except as expressly stated herein, no part of the Website 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 Website shall be subject to these Terms. All copyright and other proprietary notices on the Website must be retained on all copies thereof.
Limitation on Liability
There is no guarantee that the Website 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 Website with or without notice to you. We will not 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 incapability to use the Website even if we have been advised of the possibility of such damages. Access to and use of the Website 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. You agree that we have no obligation to provide you with any support in connection with the Website.
The Website is a copyrighted work belonging to Confident Nutrition. Excluding any User Content that you may provide, all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Website and its content are owned by us or our suppliers. Note that these Terms and access to the Website do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed elsewhere in this document.
User Content means any and all information and content that a user submits to the Website. You are exclusively responsible for your User Content. You bear all risks associated with use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by us. Because you alone are responsible for your User Content, you may expose yourself to liability. We are not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.
You hereby grant to us an irreversible, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Website. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.
Each user is solely responsible for any and all of their own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Website user, we are under no obligation to become involved.
Acceptable Use Policy
You agree not to use the Website to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to the Site.
We reserve the right to review any User Content, 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 these Terms 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 Website, 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.
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 Website, (b) your violation of these Terms, (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 Website 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, searching for content, 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.
We also collect information automatically as you navigate the Website. Technologies such as Google Analytics collect information such as your location, your browsing activity on the Website, your device, your browser and your IP address. This information is collected for statistical purposes to help us understand how users interact with the Website 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 on our Website. We may also collect information from third parties who are our business partners.
How We Collect Information Through Automated Technologies
Like any other website, we use several technologies that automatically collect data about our users. These technologies allow us to provide the best possible user experience on the Website and help improve the functionality of the Website. These technologies include cookies, flash cookies, log files and web beacons and pixels. Technology is constantly evolving and we may utilize new or different technologies in the future.
Cookies are small files placed on the hard drive of your device. You may adjust your browser settings to refuse some or all cookies but doing so may interfere with the functionality or performance of the Website. Flash cookies collect and store information about your preferences and navigation to, from and on our Website.
Log files track activity on the Website, and collect data including your IP address, browser type, Internet service provider, pages you visit before and after the Website, and date and time information.
We may also use web beacons, sometimes called pixel tags, clear gifs or single-pixel gifs, that allow us to count users on pages, identify when users open emails and other Website statistics.
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 Website 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 our Website, you are solely responsible for keeping this password confidential. Use caution if you post in public areas of the Website as this information may be viewed by other users of the Website. Unfortunately, the Internet, email and text messages 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 our Website, and you should never transmit payment or other sensitive data by email or text message. The transmission or posting of personal information is at your own risk.
We respect the intellectual property of others and asks that you do the same. In connection with our Website, 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 Website who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Website, 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 services 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.
The communications between you and us use electronic means, whether you use the Website or send us emails, or whether we posts notices on the Website 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 ©2023 Confident Nutrition. All rights reserved. Specific products, services, or content may also have different copyrights which you acknowledge by continuing to use this Website. All trademarks, logos and service marks displayed on the Website 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.
If you have any questions or concerns about these Terms please contact us:
Confident Nutrition, 1011 N 49th St, Seattle, WA 98103 USA
©2023 Shelly Najjar, MPH, RDN
All rights reserved