Terms & Conditions/User Agreement – ie – Required Legal Mumbo Jumbo
1. These Terms & Conditions & User Agreement (also herein, “Terms and Conditions”, “terms and conditions”, “Agreement” or “agreement”) set forth how “Empowerment Enterprises, LLC” DBA “The Nourishing Way” (also herein, the “Company”, “we”, “us” or “our”), including our legal successors and assigns, and you, the user (also herein, “you”, “your”, “user”, “User”, “member” or “Member”, that also here and elsewhere may be referred to as “visitor”, “subscriber”, “customer”, “VIP”, “affiliate” or “Affiliate”), agree to respect each other and each other’s property while and after you are using our website, pages and other information published through EmpowermentEnterprises.com, CoachKerrilee.com, TheNourishingWay.com, GrowYourHealthCoachBiz.com, TheGrooveCoach.com, BuildYourCoachBiz.com, GrowYourWellnessBiz.com, or StoptheDietMadness.com. The term “you” also includes, as applicable, any company, group or organization you may represent, which also is bound hereby, jointly and severally with you as an individual, with your attesting to have both its express and apparent authority to agree on its behalf to all of these terms and conditions.
2. Copyright & Trademark Notice: Unless otherwise specified, all materials and content appearing on this site and otherwise used in Company’s business, without limitation including the text, site design, logos, graphics, icons, videos and images, as well as the selection, assembly and arrangement thereof, are the sole property of the Company, Copyright © 2011-2021. ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of reading the information on this site, for your own education, for shopping on this site or for placing an order through this site and for no other purpose. No materials or content from this site or the Company may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and may result in criminal or civil penalties.
5. How We Treat Postings To This Site (Blog, Forum, or Chat Room).
5.1 We will not treat information that you post to areas of this site that are viewable by others (for example, to a blog, forum or chat-room) as proprietary, private, or confidential. We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that violates export control laws.
5.2 We, in our sole discretion and without notice, reserve the right, but undertake no duty, to review, edit, remove or delete any material submitted as a comment to blog, forum or chat-room provided for display or placed on this site. Specifically, we reserve the right to delete or decline to post content that contains profanity; sexual content; overly graphic, disturbing or offensive material; vulgar or abusive language; hate speech, defamatory comments, or offensive language targeting any specific demographic; personal attacks of any kind; spam; promotions for commercial products or services.
6. Defamation; Communications Decency Act Notice. This site is a provider of "interactive computer services" under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for the content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of the content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
8.Separate Agreements. You may acquire products, services and/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.
9.Ownership. The material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property in the content of this site is owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.
10. DMCA Notice. This site is an Internet "service provider" under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA"). As Required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Notification of Claimed Infringement:
Empowerment Enterprises, LLC
P.O. Box 551
Norwell, Massachusetts, 02061
Agent's Name/Email Address: CoachKerrilee @The NourishingWay.com
Telephone: 781 783 7610
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.10.Limitation of Liability. IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Links to This Site. We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.
13. Participation in Promotions of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.
14. Refunds and Returns: At Company’s sole discretion, Company may provide from time to time a refund and/or return policy for you for the products and/or services it provides to you. If or when Company may provide a refund/return policy, it does so in writing in its marketing materials for each of its products and/or services that it sells and/or provides to you, which policies Company may or may not provide for each of its products or services. If, for whatever reason, the Company does not provide a refund/return policy on its marketing materials for one of its products or services, then no refund or return shall be available for such product or service, as long as the Company already has made delivery or availability of the product or a materially complete rendering of its service to you. Coaching services and sessions are non-refundable once company has rendered service. Company’s refund/return policies may differ from product to product, service to service and/or from time to time, and these policies may change looking forward at any time at the Company’s sole discretion. You agree to make any requests for any available refunds or returns before or on any applicable deadline by email at the following: [email protected] EmpowermentEnterprises.com including the word “refund” or “return”, as applicable, in the subject line of your email. Prior to issuing or processing any form of refund and/or return that may be available, at Company’s sole discretion, it may require you to certify with it in writing that you already have fully completed and fulfilled your obligation hereunder to thoroughly search for, and to permanently delete and destroy, all of the digital or electronic Company-provided documents or materials, and to return (only at the Company’s sole discretion: and/or destroy) all physical Company documents or materials that are in your possession, including without limitation any or all copies or printouts you may have made of any Company documents or materials. You agree to make any such returns at your sole expense, with their arrival at the Company to be made prior to or on any refund deadline, without any material waste or breakage; the Company may await the safe arrival of your return before issuing any refund. Any breach by you of this Agreement shall immediately and completely disqualify you as to any refund that may have been available to you immediately prior to such breach. Refunds for purchases made through our links to an outside vendor is at the discretion of said vendor and Empowerment Enterprises is in no way liable. You agree and acknowledge that all of these terms and conditions are fair, equitable and reasonable to both parties, including without limitation the provisions of this Section 6.
15. Policy for Our Giveaways:
• No purchase(s) necessary to win.
• Unless stated otherwise or delivery is electronic, giveaways are for U.S. residents only.
• Entrants must be natural persons of the age of majority in their primary country of residence, or in their other political subdivision of residence, as applicable.
• Winners are chosen at random, which typically means by a method employing the free tools available at www.random.org, or other similar tools; we also may choose a winner by awarding the prize to the first eligible person or persons to respond to our free call to action.
• Winners will be notified by email shortly after the giveaway ends. We are not responsible if a winner’s email inbox settings mark or categorize our notification email as junk, spam, or the like.
• Winners will have 48 hours to claim the prize or another winner may be chosen at our discretion.
• We may, at our discretion, make public on our site the first name and last initial of our giveaway winners, also making public their state and/or country of residence. All other contact information will remain private and will be destroyed after a winner is confirmed and their prize is confirmed as mailed.
• A winner’s tax considerations and any tax or tax-related obligations are entirely their own. Since all of our giveaways are for goods and/or services valued at less than US$600, we don’t and won’t be sending any winner a form 1099-misc for US income tax purposes.
• We reserve the right to end, extend, or change a giveaway for any reason and without prior notice.
• We reserve the right to consider any entrant ineligible who has been a winner in one of our giveaways in the last 12 months.
• In any of our giveaways of products from certain companies, we reserve the right to limit the pool of eligible entrants to those persons who are not wholesale members, affiliates, contractors or employees of those companies.
• Odds of winning in one of our giveaways depend on number of entrants.
• Void where prohibited by law.
16. Trade Disclosures: This website and its information are written, edited and published by the Company, which claims sole and exclusive ownership of its content. For questions about this website or its content, please contact us using the following email address: [email protected] EmpowermentEnterprises.com. The Company sometimes accepts forms of affiliate sponsorship or other forms of compensation. We abide by word of mouth marketing standards. We believe in honesty of relationship, opinion and identity. The compensation received may influence the topics or posts made in our website and its content. Other than what is obviously advertising, if certain content is paid or directly sponsored, then we here pledge our best efforts to clearly identify or label it as such. The Company is sometimes compensated to provide opinions on products, services, websites and various other topics. Even though we may receive compensation for our posts or other content, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on any blog, guest post or in any form of comments on our website are purely that person’s own opinion and not that of the Company. If you are interested in any product or service on our site that is not offered directly to you by the Company, you agree to verify any product claim, statistic, quote or other representation about such product or service with the manufacturer, provider or third party in question.
17. Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Norwell, Massachusetts, USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of the Norwell, Massachusetts, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
19. Controlling Law. This Agreement shall be construed under the laws of the State of Massachusetts, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
20. Severability. If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
21. Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
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