Updated: February 1st, 2022
TERMS OF SERVICE
Both “emilykylenutrition.com” and “shop.emilykylenutrition.com” (the “Websites”) are owned and operated by Emily Kyle Nutrition, LLC. The terms “we”, “us”, and “our” refer to Emily Kyle Nutrition, LLC.
USE OF EMILYKYLENUTRITION.COm
By using the Websites, you represent and warrant that you will only use our Websites for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any criminal law, intellectual property law, privacy law or any other applicable law or regulation. You also represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract.
You agree not to attempt to interfere with our Website’s network or security features or to gain unauthorized access to our systems.
NOT MEDICAL ADVICE
Information provided on the Websites including without limitation information regarding product attributes is provided as general information. Information provided on the Websites is not intended to be medical advice, nor is it intended to replace the need to consult a healthcare provider. Rather, we provide this information for discussion between consumers and their healthcare providers who will ultimately make any decisions regarding treatment.
We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the Websites, including terminating, changing, suspending or discontinuing any aspect of the Websites and or the products and services provided through the Websites at any time, without notice. We may impose additional rules or limits on the use of our Websites. You agree to review these Terms regularly for any changes and your continued access or use of our Websites will mean that you agree to any changes.
You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our Websites or for any service, content, feature or product offered through our Websites. We may assign these Terms to anyone for any reason. You may not assign these Terms without our prior written consent.
PRODUCTS OR SERVICES
All purchases through our Websites are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our Websites or limit the sales of our products or services to any person, household, geographic region or jurisdiction.
Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our Websites are quoted in U.S. dollars and do not include the cost of shipping. We reserve the right, in our sole discretion, to refuse orders. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities in addition to pursuing any other rights or remedies we have at law.
RETURN AND EXCHANGE POLICY
We are completely dedicated to your health, pleasure, and satisfaction. Our products are tested for quality and all shipments are carefully inspected prior to shipping. Please check your shipment upon arrival to ensure that it has not been damaged during shipping.
All claims for damaged products must be made within 72 hours of receipt. Please contact us at firstname.lastname@example.org during that time and we will resolve the issue.
To ensure your satisfaction with our products we offer a 14-day customer satisfaction guarantee on your initial purchase. If you are not satisfied with your purchase, please contact us at email@example.com within the 14-day time period. Upon request of the refunded product, we will refund your purchase price (less shipping expenses and any prorations for product consumption) to your original form of payment.
We ship using secure couriers in unmarked packages.
For any specific questions on shipping, please contact firstname.lastname@example.org for further information.
LINKS TO THIRD PARTY WEBSITES
Links from or to websites outside our Websites are provided for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our Websites, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. We shall not be a party to any transaction between you and any third party including any third-party advertising on our Websites, and we shall not be liable for any losses or damages arising out of such interaction with any third party. Without limiting the foregoing, any link to a third-party press release, media coverage, stock exchange website or analyst coverage should not be taken as an endorsement by us of the views, analysis or projections contained in such materials.
YOUR PERSONAL INFORMATION
ERRORS AND OMISSIONS
Please note that our Websites may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion, and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.
We do not undertake to update, modify or clarify information on our Website, except as required by law.
DISCLAIMER AND LIMITATION OF LIABILITY
You assume all responsibility, liability, and risk with respect to your use of our Websites and any information and materials contained on the Websites, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, statutory, by usage of trade, course, or dealing or otherwise with regard to information accessed from or via our Websites, including without limitation, all content and materials, and functions and services provided on our Websites, all of which are provided without warranty or condition of any kind, including but not limited to warranties or conditions concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties or conditions of title, non-infringement, merchantability, merchantable quality or fitness for a particular purpose. We do not warrant that our Websites or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our Websites or the servers that make our Websites available are free of viruses or other harmful components.
The use of our Websites is at your sole risk and you assume full responsibility for any costs or losses associated with your use of our Websites. We will not be liable for any damages of any kind related to the use of our Websites.
In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you or any third party for any indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or any other theory of law, arising from your use of, or the inability to use, or the performance or functionality of our Websites, our products or any content or material or available on or through our Websites, the cost of procurement of substitute goods, data, information or services, loss of data, errors, mistakes or inaccuracies in the materials on the Websites, or any personal injury or property damage. These limitations shall apply even if we are advised of the possibility of such damages.
Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.
You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, demands, threats, actions, proceedings, expenses (including reasonable attorney fees and court costs) in any way arising from, related to or in connection with your use of our Websites including in connection with any products offered through our Websites, your violation of the Terms or any applicable law or regulation, or the posting or transmission of any materials on or through the Websites by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third-party proprietary rights.
These Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.
Any headings and titles herein are for convenience only.
If any of the provisions of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.