Nurish Well Terms & Conditions
At Nurish Well I believe your privacy when using the web site is very important. We collect the following information to keep you informed about the latest updates to this site:
CONDITIONS OF USE
Nurish Well and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
Nurish Well does not sell any personal information to other companies. Some information is required for shipping and billing purposes but will never be sold, given away, or will customer lists/information be shared. While credit cards are being processed all reasonable efforts will be made to protect all your information. Personal information is stored in secured locations and on servers controlled by Nurish Well, located either in the office or at the offices of our service providers.
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
When you visit Nurish Well or send emails to us, you are communicating with us electronically. When you submit your email address to use it is assumed that you want to be contacted regarding newsletters and information on nurishwell.com. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you at any time decide that you don’t want to receive any future mailings, you will be able to opt out by clicking the unsubscribe button at the bottom of the newsletters.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Nurish Well or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Nurish Well, with copyright authorship for this collection by Nurish Well, and protected by international copyright laws.
LIMITATION OF LIABILITY
Nurish Well takes no responsibility for the accuracy or validity of any claims or statements contained in the information or related graphics of this site. Further, Nurish Well makes no representations whatsoever about the suitability of any of the information contained in the information or graphics on this site for any purpose. All such information and related graphics are provided without warranty of any kind. Nurish Well makes no representations whatsoever about any other Web site which you may access through this site.
When you access a web site, that is not Nurish Well, you understand and acknowledge that it is independent from Nurish Well and there is no control over the content on any such Web site. In addition, a link to a non Nurish Well web site does not mean that Nurish Well . endorses or accepts any responsibility for the content, or the use, of such Web site. It is your responsibility to take precautions to ensure that whatever you select for your use by you is free of such items such as viruses, worms, Trojan horses, and other items of a destructive nature.
IN NO EVENT WILL NURISH WELL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE.
LICENSE AND SITE ACCESS
Nurish grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Nurish Well. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Nurish Well. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Nurish Well and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Nurish Wells name or trademarks without the express written consent of Nurish Well. Any unauthorized use terminates the permission or license granted by Nurish Well. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Nurish Well so long as the link does not portray Nurish Well, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Nurish Well logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. Nurish Well and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Nurish Well reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Nurish Well and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Nurish Well and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Nurish Well or its associates for all claims resulting from content you supply. Nurish Well has the right but not the obligation to monitor and edit or remove any activity or content. Nurish Well takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Nurish Well are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Nurish Well and its associates attempt to be as accurate as possible. However, Nurish Well does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Nurish Well itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY MY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. MYCOMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MY COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MYCOMPANY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MY COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MY COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting Nurish Well , you agree that the laws in Ontario, Canada, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Nurish Well or its associates.
Any dispute relating in any way to your visit to Nurish Well or to products you purchase through Nurish Well shall be submitted to confidential arbitration in Ontario, Canada, except that, to the extent you have in any manner violated or threatened to violate Nurish Wells intellectual property rights, Nurish Well may seek injunctive or other appropriate relief in any provincial or federal court in the province of , and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Canadian Court System. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
We reserve the right to cooperate with local, provincial/state, national and international authorities in investigations of improper or unlawful activities and this may require the disclosure of personal information. We may also report to other organizations about improper or unlawful activities on the Nurish Well website and this disclosure may include disclosure of personal information relating to those individuals conducting such improper or unlawful activities.
In addition, in order to protect you and Nurish Well from fraudulent transactions, we may provide your online shopping related information to a reputable outside organization to perform address verification. This address verification is intended to ensure that the “bill to” address that you provide matches your credit card address. The outside organization does not store any personal information that we provide from shopping transactions.
You agree to defend, indemnify, and hold Nurish Well and its affiliates and related companies harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to the violation of this Agreement by you or users of your account, or in connection with the use of this site or the placement or transmission of any information or other materials on this site by you or users of your account.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Nurish Well. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.