Nourish + Soul Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. 
By using this Website, you agree to fully comply with and be bound by the following Agreement each time you use this Website.  If you do not agree to these Terms and Conditions, please do not use the Website.

OVERVIEW
This web page represents a legal document and is the Terms and Conditions (“Terms”) for our Website www.ShopNourishandSoul.com (“Website”). By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully.

DEFINITIONS
The terms “we”, “us”, and “our” refer to Nourish + Soul, LLC.  The term “Website” refers to www.ShopNourishandSoul.com. The term “user,” “you” and “your” refers to site visitors, customers, and any other users of the site.

All text, information, graphics, design, photos, images, materials, documents, data and intellectual property accessible on or offered through our Website or Services, collectively known as our “Content”, is our property, and is protected by the United States intellectual property laws.  On the Website, we provide all-natural skin-care and body care products and accessories (the “Service”).

Use of the Website, including all materials presented herein and all online services provided by us, whether made available for purchase or not, is subject to the following Terms.  These Terms apply to all site visitors, customers, and all other users of the site.  By using the Website or Service, you agree to these Terms, without modification, and acknowledge reading them.

INTELLECTUAL PROPERTY RIGHTS
The Website and/or Service contain intellectual property owned by Nourish + Soul, LLC, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Nourish + Soul, LLC name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel.” Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of Nourish + Soul, LLC. 

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Website, Service, Content or intellectual property, in whole or in part without our prior written consent.  We reserve the right to immediately remove you from the Website and/or Service, without refund, if you are found to be violating this intellectual property policy.

You are permitted to enjoy the content of our Website for your personal, non-commercial use.  

You are permitted to hypertext link to the content of our Website provided that you give full attribution and credit by name, keep intact all copyright, trademark and other proprietary notices and, if used electronically, you must include the link back to the website page from which the content was obtained.

Our content, as found within our Website and Services, is protected under United States intellectual property rights laws.  Copying, redistribution, use or publication for commercial use by you of any such Content is a violation of our intellectual property rights.   Your use of our Website and Services does not grant you any ownership right to our Content.

Nourish + Soul, LLC trademarks are federally registered trademarks owned by Nourish + Soul, LLC. Nourish + Soul, LLC also claims trademark rights in the following: Nourish + Soul, LLC sub logo marks, Nourish + Soul, LLC business tag line, and Nourish + Soul, LLC Collective sub logo marks. Any unauthorized use is expressly prohibited.

Any request for written permission to use our Content, or any other intellectual property or property belonging to us, should be made before you use Content by sending an email to Hello@shopnourishandsoul.com.

 

LIMITED LICENSE
We grant you a nonexclusive, nontransferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our Website and Services are solely for internal, personal, noncommercial purposes, unless otherwise provided in this Agreement. No printout or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.


CONDUCT
You may not engage in any of the following prohibited activities:

  • engaging in any bullying or name-calling to other users of the Website,

  • making personal attacks against us, our vendors, or other users/customers,

  • being disrespectful of any person or company,

  • copying, distributing, or disclosing any part of the Website in any medium, including without limitation by any automated or non-automated "scraping",

  • using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Website,

  • transmitting spam, chain letters, or other unsolicited email,

  • attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Website,

  • taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on Website infrastructure,

  • uploading invalid data, viruses, worms, or other software agents through the Website,

  • collecting or harvesting any personally identifiable information, including account names, from the Website,

  • using the Website for any commercial solicitation purposes,

  • impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity,

  • interfering with the proper working of the Website,

  • accessing any content on the Website through any technology or means other than those provided or authorized by the Website, or

  • bypassing the measures we may use to prevent or restrict access to the Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.


LAWFUL PURPOSES
You may use the Website and/or Service for lawful purposes only. You agree to use the Website and/or Service and to purchase services or products through the Website for legitimate, non-commercial purposes only. You shall not post or transmit through the Website and/or Service any material which violates or infringes the rights of others, encourages conduct that would constitute a crime or for fraudulent purposes.

USER CONTENT
This Website may allow Users to post reviews and other content.  You retain all ownership rights to content uploaded to Website.  By submitting content to Website, you grant us a worldwide, non-exclusive, royalty-free, sub-licenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Website, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You represent and warrant that you have permission to post any content you provide, and that such content does not violate the intellectual property rights of any third party. 


YOUR LICENSE TO US
You grant us a license to use the information and materials you post to our Website.  By posting, displaying, transmitting, performing, or otherwise distributing information or other content (“Visitor Content”) to our Website, you are granting us and any affiliates, a license to use the Visitor Content in connection with the operation of our business, including without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, and reformat your Visitor ¬content. You understand and agree that you will not be compensated for any Visitor Content.  By posting Visitor Content on our Website or Service, you warrant and represent that you own the rights to the Visitor Content or are authorized to post, display, distribute, perform, or transmit Visitor Content.


Disclaimer – Nourish + Soul, LLC

PERSONAL RESPONSIBILITY
By using this Website, you acknowledge that you are doing so voluntarily and that by participating in any of our email subscription list(s) that you are solely and personally responsible for your choices, actions and results, now and in the future.  You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through this Website, and you agree to use your own judgment and due diligence before implementing any idea, suggestion or recommendation from my Website to your life, family or business.  We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through any of our Programs, Products, Services or Program Materials. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.

NO GUARANTEES
You acknowledge that we have not and do not make any representation as to the physical or, health benefits of any kind that may be derived because of your use of this Website or the products sold here.  We cannot and do not guarantee that you will get any particular result, from the information or use of products on our Website and you accept and understand that results differ for each individual.  You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information or products you receive on or through this Website. 

COLLECTION AND USE OF PERSONAL INFORMATION
For information about Nourish + Soul's policies and practices regarding the collection and use of your personally identifiable information, please read Nourish + Soul's Privacy Policy. The Privacy Policy is incorporated by reference and made part of these Terms. Thus, by agreeing to these Terms, you agree that your use of the Nourish + Soul, LLC web site are governed by the Privacy Policy in effect at the time of your use.

OUR RELATIONSHIP TO YOU
This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Nourish + Soul, LLC.

PRIVACY POLICY
Our Privacy Policy is considered part of this Agreement and available on this Website.  You must review our Privacy Policy.  If you do not accept and agree to being bound by these Terms, including the www.ShopNourishandSoul.com Privacy Policy, do not use this Website or our Services. 

CHOICE OF LAW AND JURISDICTION (This Provision Is For the U.S. Only)
These Terms will be treated as if it were executed and performed in Raleigh, NC, and will be governed by and construed in accordance with the laws of North Carolina (NC) without regard to conflict of laws provisions.  In addition, you agree to submit to the personal jurisdiction and venue of such courts.  Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred. 

DISPUTE RESOLUTION
Any legal controversy or claim arising from or relating to these Terms and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to website operations, intellectual property, will begin with an attempt to resolve any dispute, claim or controversy by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree.  The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.  The exclusive venue of any dispute resolution will be conducted in Raleigh, North Carolina.  You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Raleigh, North Carolina necessary to protect the rights or property of you and us pending the completion of arbitration.

UNLAWFUL ACTIVITY
We reserve the right to investigate complaints or reported violations of these Terms and take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.

COPYRIGHT POLICY
We respect the intellectual property rights of others and expects users of the Website to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act:

  • a physical or electronic signature of the copyright owner or a person authorized to act on their behalf,

  • identification of the copyrighted work claimed to have been infringed,

  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material,

  • your contact information, including your address, telephone number, and an email address,

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

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

LINKS TO OTHER WEBSITES
Our Website may from time to time contain links to third party websites.  Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites.

Nourish + Soul, LLC has no control over the privacy practices of third party websites; you access any third-party websites at your own risk. We recommend that you review the privacy policy and terms and conditions of those sites to fully understand what information is collected and how it is used.

PAYMENTS
You represent and warrant that if you are purchasing something from us, (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.

GIFT CERTIFICATES
Gift certificates purchased from Nourish + Soul, LLC whether in-person or online (the "Gift Certificates") may only be redeemed toward the purchase of eligible Products on the Nourish + Soul, LLC web site or retail store(s). Redemption of Gift Certificates is subject to change in our sole discretion. If a purchase exceeds the redeemer’s Gift Certificate balance, the remaining amount must be paid with another payment method.

Gift Certificates do not expire. However, Gift Certificates cannot be refunded, reloaded, resold, transferred for value, redeemed for cash, or applied to any other account, either prior or subsequent to redemption, unless otherwise required by applicable law.

YOUR NOURISH + SOUL ACCOUNT
In order to access some features of the Nourish + Soul, LLC web site, you will have to create a Nourish + Soul account. You must not use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Nourish + Soul, LLC immediately of any breach of security or unauthorized use of your account. Although Nourish + Soul, LLC will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Nourish + Soul, LLC or others due to such unauthorized use.

We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat the Website's security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.

INDEMNIFICATION
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of these Terms or use of our Website or Services. 

PAYMENT AND DELIVERY TERMS
We reserve the right to refuse any order that is placed on our Website. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to an order or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders, that in our sole judgment, appear to be placed by dealers, resellers, distributors, or by fraudulent means.

You agree to provide current, complete, and accurate purchase and account information for all purchases made on our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

SEVERABILITY AND SURVIVAL
Should any part of these terms be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect.  To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such provision, nor of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.


LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE, PRODUCTS WE SELL OR SERVICE OF THE SITE. ADDITIONALLY, Nourish + Soul, LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF Nourish + Soul, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL Nourish + Soul, LLC’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE/PRODUCT YOU HAVE PURCHASED FROM THE SITE, AND IF NO PURCHASE HAS BEEN MADE BY YOU, Nourish + Soul, LLC’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $150.
 

NO WARRANTY OR LIABILITY
The information presented on www.ShopNourishandSoul.com is provided “as is” and “as available,” without representation or warranty of any kind.  Nourish + Soul, LLC does not represent or warrant that such information is or will be always current, complete, or accurate. Any representation or warranty that might be otherwise implied is expressly disclaimed.

You agree that Nourish + Soul, LLC is not liable to you or others, in any way or for any damages of any kind, arising from the use of www.ShopNourishandSoul.com, including, but not limited to, liability or damages caused by viruses contained within electronic files of this site or any linked site, regardless of prior notice to our office.

ACCURACY OF INFORMATION
We do our best to ensure that the information on the Website is complete, accurate, and up-to-date. Despite our efforts, however, information on the Website may occasionally be inaccurate, incomplete, or out of date. All product specifications, descriptions, and prices offered on the Website are subject to change at any time without notice. We make all reasonable efforts to ensure this information is accurately depicted, displayed, and described.

CHANGES TO OUR TERMS AND CONDITIONS
We reserve the right to change these Terms and Conditions at any time by giving you advanced notice of the changes by email or in writing.  We will also post these changes on our Website. These changes will become effective 30 days after receiving the notice.  To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website, Services, and Products after any change to these Terms and Conditions and notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Website, Services, and Products.



UPDATED: JANUARY 1, 2022