TERMS OF PARTICIPATION AND USE FOR ALIGNED NUTRITION
Erica Drewry, LLC d/b/a Aligned Nutrition
The following Terms of Participation and Use (the “Terms”) are incorporated in full into any additional individual agreements entered into with Erica Drewry, LLC d/b/a Aligned Nutrition (the “Company”) and the Company’s Privacy Policy and Disclaimer which are linked on the Company’s website listed above.
These Terms apply to the purchase, use, or access of any of the Company’s products, including online courses or sessions and your participation in communities. It is your responsibility to read these Terms in their entirety before using the website https://alignednutrition.com/, any of the materials on the website, and any associated pages, social media accounts, tabs, landing pages, forms, or sub-pages (all of which are considered the “Site”). The Site is owned solely by the Company.
YOUR USE OF THIS SITE AND ITS MATERIALS
“You” or “Your” means the user, customer, or viewer of the Site. You must be 18 years or older to access this Site. By using the Site, you implicitly and voluntarily agree to act in accordance with, and abide by, the Company’s Terms, Privacy Policy, and Disclaimer.
All intellectual property, including Company’s copyrighted and/or course materials, shall remain the sole and exclusive property of the Company. No license to sell, reproduce or distribute Company’s materials is granted or implied outside of the limited license below. You agree not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights of Company or its participants. Further, you agree that if you violate, or display any likelihood of violating, any of the agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
You must request and receive express written permission by the Company before sharing any information from this Site for a commercial purpose and if sharing personally, you must do so only with a link to the Site. You are required to give the Site credit by linking to the Site if you share it on social media or your own website, including all photographs. You may not make any claims that you are in any way associated with the Company.
LIMITED LICENSE OF USE
When you view, access, or make any purchases on the Site, you are considered the Company’s Limited Licensee (“Licensee”). As a Licensee, you agree and understand that the Site, and all content on the Site, have been written, created, drafted, invented, and developed by the Company. The Site, and all content on the Site, are considered to be proprietary content to the Company and owned solely by the Company. The information is offered to you in a limited basis for your use while accessing the Site or engaged in any program offered by the Company. You may not use the Site, or any of the content on the Site, in any manner that is unauthorized, improper, or against these Terms or our Privacy Policy.
NO CLIENT RELATIONSHIP
You understand that nothing on this Site, including participation in any community, program, discussion, or post with anyone on behalf of the Company forms a client relationship. It is for educational purposes only and nothing should be intended to be personalized medical advice. It is not a substitute for health care treatment or other professional treatment. There will be no treatment or diagnosis of any disease, illness, or ailment. Any decision you make regarding your health and medical treatments should be made with a qualified health provider.
REFUND POLICY
There is no refund available for monthly payments on services already utilized based upon the unique and proprietary nature of the services provided. If you have purchased in full and the relationship is terminated before the expiration, pursuant to the termination section of these Terms, a partial refund may be provided. If the Company terminates the relationship, you will be provided a partial refund.
NO GUARANTEE
Any material or content shared or provided on the Company’s Site is developed strictly for coaching and educational purposes ONLY. The Company makes no representations, warranties or guarantees verbally or in writing regarding any of the material or content on this Site or shared by the Company at any time. You understand that because of the nature of the complexity of content and material, any outcome experienced by each client may vary significantly.
DISCRETION OF USE AND CONTENT
The Company has a right to remove any content from its Site, restrict use of the Site, or terminate any ongoing relationship from any person that violates these Terms. Additionally, the Company has a right to limit or restrict use and content from any person that posts or transmits any “spam” or unwanted, unsolicited content; uses the Site for its own promotional use; uses or posts obscene, offensive, libelous, defamatory, pornographic, or abusive content; abuses or harasses another; or uses the Site in any way or for any purpose which is violation of the law of the United States or any state the Site is accessed.
REMOVAL AND TERMINATION FROM THE PROGRAM/COMMUNITY
You understand that the duration of the services provided to you from the Company are based upon the period of time for which you have paid for the service and specifically outlined in your purchase. You understand that the Company can remove you or terminate any relationship with you for any reason and at its sole discretion prior to the end of that duration. Reasons for termination may include violations to these Terms or any other disruption to the core purpose the community or program. If you are unsatisfied with the service provided, it is your duty to communicate that with the Company. If you choose to terminate the relationship prior to the end of the service provided, you are not entitled to any refund of payment or any other remedy that is not expressly outlined in these Terms. Upon termination of the relationship, for any reason, access and use to certain content may be limited, restricted, or revoked.
USE OF ADDITIONAL PROVIDERS/THIRD-PARTIES
Your participation with the Company, including online courses or sessions and your participation in communities, may involve additional providers or third-parties that are not employees of the Company. Some of the providers may be healthcare professionals, however, no personal information will be shared with them except for your identity, unless you provide the provider with that information. The Company does not provide and is not responsible for any information or advice exchanged between you and a provider. You understand and acknowledge that any provider or third-party person are not employees or agents of the Company. You acknowledge that the Company will not be liable for any loss or damage caused by your reliance on information provided by any individual that you interact with based upon your relationship with the Company and use of the Site. You understand that the Company cannot control interaction among its users and is not liable for any content shared among its users. You understand that the Company cannot control the information exchanged between you and any third party, including providers, and is not responsible for any liability that may arise between you, a user of this Site/program/community, or a third-party.
AFFILIATES OR THIRD-PARTY LINKS
If there are website URL links to third-party affiliates or external websites on the Site, the Company is not liable to you for any of the information contained on or within the third-party or external websites. The Company is not responsible for the way they handle your personal information, whether they have a privacy policy, or any information you provide to them by visiting their website. You are responsible for your use and access of any external information.
SEVERABILITY/WAIVER
If any provision of the Terms is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure to enforce one or more of these Terms will not be deemed a waiver of that right or any further rights hereunder.
SURVIVIAL
All of these Terms survive termination of your relationship with the Company.
NON-DISPARAGEMENT
You agree that you will not engage in any conduct or communications with a third party, public or private, designed to disparage the other.
LIMITED RELEASE OF LIABILITY
You agree that any access to this Site or participation in any part of this Site is at your own risk. You specifically release the Company, its officers, employees, coaches, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, instructors, guides, staff, participants, and related entities any way as well as the venue where the programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter the “Released”) from any and all damages that may result from any claims arising from any of the Agreements, and all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from any use of this Site.
INDEMNIFICATION
You unconditionally and irrevocably waive liability, release, promise never to sue, forever discharge, and relinquish any and all rights agrees to indemnify, defend and hold harmless any and all, claims, demands, injuries, property damage, suits, actions, losses, damages, costs, and expenses, including attorneys’ fees and costs (including but not limited to attorneys’ fees) that you have or may have against Company, its parents, affiliates, agents, representatives, and each of their respective owners, officers, shareholders, directors, employees, coaches and agents (“Released Parties”), arising from or related to the Site, or any content or programs from the Site, including, but not limited to, your participation in or application of any advice or information received. You agree to indemnify and hold harmless the Company from and against all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) brought by third-parties arising out of, related to, or that may arise in connection with: (i) Your participation or access to the Site, or any content or programs from the Site; (ii) implementing the advice provided or sharing that advice with others; or (iii) any actual or alleged violation or breach of any of the representations, warranties, or covenants made by Company. You agree to cooperate fully with the Company in the defense of any claim that is the subject of your indemnity obligations under these Terms.
ATTORNEYS’ FEES
In any action to enforce these Terms, the prevailing party shall be entitled to recover its costs and attorney fees from the non-prevailing party.
CHOICE OF LAW, JURISDICTION AND VENUE
These Terms shall be governed by and construed in accordance with the laws of the State of Ohio. Any dispute in connection with these Terms shall be resolved exclusively in the state or federal courts located in Franklin County, Ohio. Your use of this Site waives any objection to such jurisdiction and venue, whether based upon the nature of the forum, inconvenience or for any other basis. All costs of litigation and the enforcement of any such awards, including reasonable attorney fees, shall be borne by the non-prevailing party.
INQUIRIES OR ISSUES
Any inquiries or issues should be addressed directly to Erica Drewry with Erica Drewry, LLC d/b/a Aligned Nutrition at the following:
Website: https://alignednutrition.com/
Mailing Address: 2025 Riverside Drive, Suite 208, Columbus, Ohio 43221
Email: [email protected]
Updated on June 19, 2020 (version 1)
Note: These Terms can be updated and amended without notice at any time by discretion of the Company. It is your responsibility to review the Terms each time you access this Site. Continued use of the Site is your acknowledgement and acceptance of the updated Terms. If there is a material update, there will be notice provided upon accessing the Site.