Terms of service

 

Nurture Terms and Conditions

Last Revised: December 13, 2021

These Terms and Conditions (“Terms”) govern your (“you” or “your”) use of Nurture Wellness LLC d/b/a Nurture’s (“Nurture,” “we,” ”us,” and “our”) website available at www.nurtureforall.com along with our related websites, applications, and other services provided by us, all content or information therein, (collectively, the “ Service”), and any products or services you purchase through the Service (“Products”). BY CLICKING “I ACCEPT” OR USING THE SERVICE, INCLUDING TO PLACE AN ORDER FOR PRODUCTS, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY LOCATED AT WWW.NURTUREFORALL.COM (“PRIVACY POLICY”).


  1. Applicability of Terms and Conditions.


Your use of the Service and purchase of Products from Nurture is expressly made subject to these Terms. These Terms constitute the complete agreement between you and Nurture, and supersede all prior communications, representations and agreements, written or Nurture. No additional or different terms or conditions set forth in any purchase order or other communication from you to Nurture shall apply unless expressly agreed to in writing by Nurture, and Nurture hereby rejects any terms and conditions that are contrary to these Terms.


THESE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.


  1. Modifications. 


These Terms may be amended or modified by Nurture from time to time, on a going forward basis. You are bound by the version of these Terms that is in effect on the date of your order of Products, or access to the Service, or other acceptance thereof. If we make material changes to these Terms, we will notify you by email or via our Service prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Service or purchase of Products after the effective date of modifications to the Terms indicates your acceptance of the modifications. If you do not agree to any of these terms or any future Terms, you may not use or access (or continue to use or access) the Service or purchase any Products.


  1. Acknowledgement.


You hereby represent and warrant that: (i) you are an individual acting in your individual capacity or as an agent of a person or entity that has authorized you to act on that person’s or entity’s behalf; (ii) you possess the legal right and ability to make a credit card charge on your own behalf or on behalf of such other person or entity; (iii) you are at least eighteen (18) years of age; (iv) all information that you submit to Nurture is true, accurate, complete and current; (v) your registration and use of the Service complies with all applicable laws; and (vi) you have not been previously suspended or removed from the Service.


  1. Privacy.


You understand that by using the Service you consent to the collection, use and disclosure of your information and aggregate data as set forth in and in accordance with our Privacy Policy, and to have your information collected, stored, used, transferred to and processed in the United States. For the current Nurture Privacy Policy, please click here.


  1. Using the Service.

    a. Eligibility
    The Service and Products are intended solely for users who are 18 years of age or older, and any use or access of the Service or Products by anyone under 18 is strictly prohibited and in violation of these Terms. Nurture does not knowingly collect, use or solicit personal information about or from children aged 13 or younger. If we learn that Nurture has collected information from a child aged 13 or younger, we will delete that information as quickly as possible.

    b. Limited License
    Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use our Service; provided that, if you are accessing our Service or purchasing our Products as an individual, then such use must be solely for your personal, non-commercial use only, and if you are accessing our Service or purchasing our Products on behalf of a business entity, then such use must be solely for such business entity's internal business purposes in connection with the establishment or continuation of a business relationship with Nurture. You acknowledge and agree that your use of our Service and Products is at your own risk, including any risk that you might be exposed to Content that is inaccurate, offensive, objectionable, or otherwise inappropriate.

    c. User Accounts
    You must create an account and provide certain information about yourself in order to use some of the features that are offered through our Service. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to restrict, limit or close your account at any time for any or no reason. You represent that any information that you provide when creating your Nurture account is accurate. We encourage you to provide complete information about yourself. You may not impersonate someone else, create or use an account for anyone other than yourself, or provide an email address other than your own. If you represent a business, brand, or product, you must disclose your affiliation in any reviews or other text, images, graphics, illustrations, software, photos, audio, video, location data, and all other forms of data, information, materials or communication (collectively, “Content”) that you submit or transmit to, through, or in connection with our Service, such as ratings, reviews, “likes,” “helpful” votes, comments, questions, replies, messages, and information that you publicly display in your account profile (“Your Content”).

    d. Communications and notifications
    By creating an account, you agree to receive certain communications in connection with our Products and Service. You will receive certain mandatory communications, for example notifications informing you of important updates to our Terms or Privacy Policy, or security issues with your account. You will also by default receive occasional marketing communications (e.g. Nurture email newsletters). If you like, you may opt out of non-essential communications by contacting us, or clicking the “unsubscribe” link in the communication.

    e. Changes, Suspension of Access, and Certain Terminations.
    We may, without prior notice, change the Service; stop providing the Service or features of the Service (including any Products), to you or to users generally; or create usage limits for the Service or Products. We may permanently or temporarily terminate or suspend your access to, or our provision of, any or all of the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, your right to access or use the Service will immediately cease, and may result in the immediate deletion of Your Content. If you wish to terminate your use of the Service, you may notify Nurture at info@nurtureforall.com or simply discontinue using the Service to the extent you do not have a subscription with Nurture. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations and limitations of liability.


f. Security

Nurture cannot guarantee that unauthorized third parties will not be able to defeat our security measures. You acknowledge that you provide Your Content at your own risk. Please notify us immediately of any compromise or unauthorized use of your account.


  1. Purchase of Products.


a. Orders 
If you elect to purchase Products on or through the Service, you agree to the pricing and payment terms, as we may update them from time to time. You may place orders for Products on the Service by following the posted directions and fully and accurately completing all information requested (including without limitation, type and quantity of Products ordered, shipping information, and payment information). Once you place an order, the order will be transmitted to Nurture for processing. All orders are subject to acceptance by Nurture, and Nurture reserves the right to reject any and all orders. The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Nurture reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to you or any customer. Verification of information may be required prior to the acceptance of any order. Once accepted, all orders are firm and non-cancelable by you, and non-refundable. Orders will be deemed accepted by Nurture unless Nurture notifies you of a rejection in writing (including via email) within fourteen (14) days after you place the applicable order.


b. Prices and Taxes
The prices of our Products may vary, and we may add new Products for additional fees and charges at any time in our sole discretion. The prices for the Products shall be as set forth in the Services at the time that you place your order; however if there was an error on the posted price Nurture shall inform you and the order will be cancelled or made subject to the correct pricing. Prices are stated in U.S. dollars and include packaging and packing charges, but exclude shipping and delivery charges. Prices shall be exclusive of all applicable customs duties and all federal, state, local, excise, sales, use and similar taxes. All such applicable amounts, if any, shall be separately stated by Nurture and shall be charged to your credit card account.


c. Payment
Payment for the Products may only be through valid credit cards acceptable to Nurture or gift cards/codes issued by Nurture (gift cards/codes cannot be redeemed for cash and are only valid for purchase of Products through the Services). By submitting your order to Nurture for processing (including providing your credit card information), you authorize Nurture to charge the full amount of your order (including taxes, shipping, handling, insurance and related charges described to you on the Service) to your credit card. Payment transactions are run through the platform Stripe, or another payment processor selected by Nurture. You agree to pay all charges incurred by users of your credit card used in connection with a purchase or transaction or other monetary transaction interaction with the Products and Service at the prices in effect when such charges are incurred. You will pay all applicable taxes, if any, relating to any such purchases. Notwithstanding anything to the contrary set forth in these Terms, if your credit card cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically, with or without notice to you. Any credit for Products that may become payable to you by Nurture shall be credited to the credit card that you used to purchase the applicable Products.


d. Shipping, Delivery and Risk of Loss
Nurture will have the Products shipped to you as they become available for shipment. You understand that normal delivery varies substantially from Product to Product, and that delivery dates are estimates only and not guaranteed. Nurture reserves the right to ship your order in parts. All shipping, handling, insurance and related charges will be charged to your credit card. Title, and the risk of loss or damage while in transit, to all Products ordered by you will pass to you upon Nurture’s tender of the Products to the common carrier at Nurture’s facility. You must file all claims for loss or damage directly with the carrier, and you shall remain liable to Nurture for the full purchase price of the Products notwithstanding any such loss or damage.


e. Products Purchased for Personal Use Only
You acknowledge and agree that the prices charged to you for the Products are based upon Nurture’s understanding and belief that you will use the Products for personal purposes and will not resell the Products. You hereby expressly represent and warrant that you shall not market, resell or transfer the Products to any other party under any circumstance.


f.  Returns
You acknowledge and agree that Nurture has no obligation to provide a refund for any Products. If you return a Product without complying with the foregoing requirements, your return of the Product may be rejected by Nurture or may be subject to a repackaging or restocking charge which Nurture shall subtract from any refund Nurture may provide to you. If products arrived damaged, you must notify Nurture within 7 business days or receiving the product from the date of delivery. If deemed exchangeable, Nurture will replace the item for a comparable product. Please note that you are solely responsible for paying shipping, handling and insurance on returned Products unless such Products are returned due to defect, in each case as determined by Nurture in its sole discretion. This does not apply to any failure of a Product which in Nurture’s absolute judgment is due to or as a result of: (i) your negligence, abuse, accident, improper use or other physical damage to the Product; (ii) using the Product for purposes other than as intended; (iii) combining the Product with other products not intended or recommended for use with the Product; (iv) causes beyond Nurture’s control including, but not limited to, fire, flood, wind, freezing, biological infestations, unusual atmospheric conditions, or acts of war or acts of God; or (v) your violation of applicable laws or regulations regarding use of the Product.


  1. Content

    a. Responsibility
    Any information or content publicly posted or privately transmitted through the Service is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk. Nurture is not liable for any errors or omissions in that information or any Content, including Your Content, or for any damages or loss you might suffer in connection with the foregoing. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Service. Nurture does not guarantee the identity of any users with whom you interact in using the Service and is not responsible for which users gain access to the Service. You are responsible for all Content you contribute, in any manner, to the Service, including Your Content, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You are responsible for your activity in connection with the Service. You may not imply that Your Content is in any way sponsored or endorsed by Nurture. You acknowledge and agree that you may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

    b. License to Your Content
    We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, by posting Your Content to the Service, you hereby irrevocably grant, and represent and warrant that you have all necessary rights to grant, to Nurture a perpetual, non-exclusive, royalty-free, assignable, transferable, sublicenseable, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, commercialize, remove, analyze, syndicate, publicly perform, publicly display, make derivative works of, and otherwise exploit Your Content including your or any third-party name or likeness as contained in Your Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service (including the Products) and Nurture’s (and its successors’  and affiliates’) businesses, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You also irrevocably grant the users of our Services and any Other Media the right to access Your Content in connection with their use of the Service, Products and any Other Media, and to use, reproduce, distribute, display and perform Your Content as permitted through the functionality of the Service and under these Terms. Finally, you irrevocably waive, and cause to be waived, against Nurture and its users any claims and assertions of moral rights or attribution with respect to Your Content. If the features of the Service allow you to remove or delete Your Content, the above licenses granted by you in Your Content terminate within a commercially reasonable time after you remove or delete Your Content. Notwithstanding the foregoing, you understand and agree that Nurture may retain, but not display, distribute, or perform, server copies of Your Content that have been removed or deleted; provided that in certain cases, such as if Your Content has been included in printed content or otherwise used, the above licenses granted by you with respect to Your Content will not terminate and Your Content may continue to be used, displayed, distributed, and performed indefinitely. The above licenses granted by you in Your Content for which the Service does not provide you a means to delete or remove are perpetual and irrevocable.

    c. Ownership
    As between you and Nurture, you retain all rights in, and are solely responsible for, Your Content; provided that, by posting Your Content to the Service, you grant Nurture and its users the rights to use Your Content as described above. We own all Content that we create and make available in connection with our Service (“Nurture Content”), including but not limited to visual interfaces, interactive features, graphics, design, compilation (including our compilation of Content that you and other users submit or transmit to, through, or in connection with our Service, including Your Content (“User Content”) and other Content that is made available in connection with our Service or otherwise forms a part of our Service, including all materials therein or transferred thereby, including Your Content, User Content, Third Party Content, and Nurture Content (“Site Content”)), computer code, products, software, aggregate user review ratings, and all other elements and components of the Service and the Products, but excluding Your Content, User Content and Third Party Content. We also own and retain all patent rights, copyright rights, moral rights, rights of publicity, rights of privacy, trademark, trade dress and service mark rights, goodwill, trade secret rights and all other intellectual property or proprietary rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction (collectively, “IP Rights”) in or associated with Nurture Content and our Products and Service. Except as explicitly provided herein, nothing in these Terms will be deemed to create a license in or under any such IP Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Site Content (excluding Your Content). Except as expressly provided herein, all rights in and to our Service and Nurture Content are retained by us. Nurture, Nurture.organic, and other Nurture graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, common law trademarks or trade dress of Nurture. Nurture’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Nurture.

    d. Feedback
    If you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, or feature requests relating to the Service (“Feedback”), then you hereby grant to Nurture a world-wide, royalty free, irrevocable, perpetual license to use, incorporate and otherwise exploit any Feedback in connection with the Service and any of Nurture’s or any of its successors’ or affiliates’ businesses, products, technology, services, specifications or other documentation.


e. Third-party links, Sites, and Services
Our Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Nurture. We do not endorse or assume any responsibility for any such third-party websites, information, materials, products, services or content, including any Content that originates from parties other than Nurture or its users, which is made available in connection with the Service (“Third Party Content”). If you access any such third party website, information, materials, products, service, or content from the Service, you do so at your own risk and you agree that Nurture will have no liability arising from your use of or access to any third-party website, information, materials, products, service, or content.


f. Advertising
We may publicly display advertisements and other information adjacent to or included with Your Content (for example, a product advertisement may be featured next to your review of that product). You acknowledge and agree that you are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change at any time without specific notice to you.

g. Removal of Content
User Content (including User Content that may have been created by users employed or contracted by Nurture) does not necessarily reflect the opinion of Nurture, and we do not actively monitor or review User Content. However, we reserve the right to remove, modify, or reinstate User Content at our sole discretion for any reason, and without notice to you. For example, we may remove User Content if we believe it violates these Terms or our policies. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.


  1. Restrictions.

We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.

a. You agree not to, and will not assist, encourage, or enable others to use our Service to:

      • Violate our content guidelines, for example, by writing a fake or defamatory review, or compensating someone or being compensated to write or remove a review;

      • Violate any third party’s rights, including any violation of any IP Rights or breach of confidentiality;

      • Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;

      • Promote a business or other commercial venture or event, or otherwise use our Service for commercial purposes, except as previously expressly authorized by Nurture in writing;

      • Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate our search results or those on a partner website;

      • Provide false or inaccurate content, or impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;

      • Solicit personal information from minors, or submit or transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable in our reasonable opinion; or

      • Violate any applicable laws or regulations.

      • Create false disparaging comments or accusations against Nurture’s products 


b. You also agree not to, and will not assist, encourage, or enable others to:

      • Violate these Terms;

      • Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our Service or Site Content (other than Your Content), except as previously expressly authorized by Nurture in writing;

      • Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of our Service or any Site Content;

      • Reverse engineer, decompile, or disassemble any portion of our Service;

      • Remove or modify any copyright, trademark or other proprietary rights notice that appears anywhere throughout our Service;

      • Record, process, or mine information about other users;

      • Access, retrieve or index any portion of our Service for purposes of constructing or populating a searchable database of product reviews;

      • Reformat or frame any portion of our Service;

      • Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Nurture’s technology infrastructure or otherwise make excessive traffic demands of our Service;

      • Attempt to gain unauthorized access to our Service, user accounts, computer systems or networks connected to our Service through hacking, password mining or any other means;

      • Use our Service or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature;

      • Use any device, software or routine that interferes with the proper working of our Service, or otherwise attempt to interfere with the proper working of our Service;

      • Use our Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, our Service or Site Content; or

      • Remove, circumvent, disable, damage or otherwise interfere with any security-related features of our Service, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of our Service.


c. The restrictions set forth in this Section 7 (Restrictions) only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.


  1. Disclaimer of Warranties.


[The warranty and remedies set forth in Section 6f (Warranty and Returns) above are your sole and exclusive warranty and remedies regarding Products that you purchase through the Service.] The Service may be unavailable from time to time for maintenance or other reasons. Nurture shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, any content made available via the Service. We are under no obligation to provide any support for the Service. ALL USE OF THE PRODUCTS AND SERVICE IS AT YOUR OWN RISK. THE PRODUCTS AND ANY CONTENT AND INFORMATION PRESENTED ON OR THROUGH THE SERVICE OR VIA THE PRODUCTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, TIMELINESS, ACCURACY, COMPLETENESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR SAFETY. NURTURE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE, SERVICE CONTENT OR PRODUCTS, OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, OR (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN. NURTURE DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE OR PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PRODUCTS OR ANY HYPERLINKED WEBSITE OR OTHER ADVERTISING, AND NURTURE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. 


WITHOUT LIMITING THE FOREGOING, NEITHER NURTURE NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SERVICE, SITE CONTENT, AND PRODUCTS WILL BE UNINTERRUPTED OR THAT THE SERVICE, SITE CONTENT AND PRODUCTS WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE MAY INCLUDE CERTAIN INACCURACIES OR TYPOGRAPHIC ERRORS (SUCH AS ERRORS IN POSTED PRICES, PRODUCTS INFORMATION AND THE LIKE) AND NURTURE SHALL NOT BE RESPONSIBLE OR OBLIGATED TO YOU IN ANY IN THE EVENT OF SUCH INACCURACIES OR ERRORS. NEITHER NURTURE NOR ITS LICENSORS WARRANT THAT THE SERVICES ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. NURTURE IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF YOU OR ANY USER.


Some jurisdictions do not allow the exclusion of implied warranties so some or all of the above exclusions may not apply to you.


  1. Indemnity.


You agree to indemnify, defend, and hold Nurture, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “Nurture Entities”) harmless from any damages, liabilities, claims or demands, including costs and legal fees, made by any third party arising out of or relating to (i) your access to or use of our Service, (ii) your violation of these Terms, (iii) any Products or services purchased or obtained by you in connection with our Service, or (iv) the infringement by you, or any third party using your account, of any IP Rights or other right of any person or entity. Nurture reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify a Nurture Entity and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Nurture. Nurture will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. This defense and indemnification obligation will survive these Terms and your use of the Service.


  1. Limitation of Liability.


UNDER NO CIRCUMSTANCES WILL NURTURE, ITS AFFILIATES, OR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PERSON CLAIMING THROUGH OR UNDER YOU FOR ANY LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS OR LOST DATA, OR FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, ARISING FROM YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE OR PRODUCTS, INCLUDING THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, EVEN IF NURTURE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, NURTURE SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM OR IN RELATION TO HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE PRODUCTS OR SERVICE, OR YOUR INTERACTIONS WITH NURTURE OR ANY OTHER USE OF THE PRODUCTS OR SERVICE. IN NO EVENT SHALL NURTURE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE LESSER OF U.S. $100 OR THE FEES PAID BY YOU TO NURTURE IN THE SIX MONTH PERIOD IMMEDIATELY PRIOR TO THE FIRST EVENT GIVING RISE TO SUCH LIABILITY. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU AGREE THAT THE ABOVE LIMITATIONS OF LIABILITY TOGETHER WITH THE OTHER PROVISIONS IN THESE TERMS THAT LIMIT LIABILITY ARE ESSENTIAL TERMS OF THESE TERMS AND THAT NURTURE WOULD NOT BE WILLING TO GRANT YOU THE RIGHTS SET FORTH IN THESE TERMS BUT FOR THE ABOVE LIMITATIONS OF LIABILITY; YOU ARE AGREEING TO THESE LIMITATIONS OF LIABILITY TO INDUCE NURTURE TO GRANT YOU THE RIGHTS SET FORTH IN THESE TERMS. 


Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.


  1. Allocation of Available Supply; Force Majeure.


If for any reason Nurture is unable to supply all or any portion of the Products ordered by you, then Nurture may allocate its available supply among any or all purchasers, on such basis as Nurture may, in its reasonable discretion, deem fair and practical. In addition, Nurture shall not be liable or deemed in default for any delay or failure in performance resulting directly or indirectly from any cause which is unavoidable or beyond the reasonable control of Nurture, whether or not foreseeable, including any acts of God, war or threat of war, terrorism, acts, regulations, orders, laws, restrictions, or requirements by any local, state, national, international or other governmental or quasi-governmental entity, national, state, or local emergency, civil disorder, recognized health threats, including epidemic, pandemic, viral or communicable disease outbreak, lockdown, quarantine, or social distancing recommendations or requirements, disaster, fire, disruption of transportation facilities, or disruption of supply chains or labor force.


  1. Notices.


You and Nurture may communicate with each other either electronically, via facsimile or postal mail, or by courier. Notices shall be deemed to have been duly given or delivered if delivered personally or sent by facsimile or electronic mail (receipt confirmed by recipient), two (2) days after being sent by a nationally recognized overnight service, or three (3) days after being mailed by registered or certified mail, return receipt requested with first class postage prepaid. Nurture will contact you using the information that you provide to Nurture, and you shall be solely responsible for the accuracy and completeness of such information. Nurture’s contact information is in Section 17 below.

 

  1. Compliance with Laws; Export Control.


The Services (including the Products) are made available from Nurture’s designated facilities in the United States. Nurture makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found in or on the Services, including any marketing or promotional materials, are solely directed to individuals, companies, or other entities located in the United States.


  1. Arbitration.


For any dispute you have with Nurture, you agree to first contact us and attempt to resolve the dispute with us informally. IF Nurture HAS NOT BEEN ABLE TO RESOLVE THE DISPUTE WITH YOU INFORMALLY, WE EACH AGREE TO RESOLVE ANY CLAIM, DISPUTE, OR CONTROVERSY (EXCLUDING CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF) ARISING OUT OF OR IN CONNECTION WITH OR RELATING TO THESE TERMS BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§1 ET. SEQ. (“FAA”) AND FEDERAL ARBITRATION LAW APPLY TO THESE TERMS OF USE. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS OF USE AS A COURT WOULD.

If you intend to seek arbitration you must first send written notice to Nurture of your intent to arbitrate (“Notice”). The Notice to Nurture should be sent by U.S. Postal Service certified mail to Nurture Wellness LLC, d/b/a Nurture, 535 Classon Ave. Brooklyn, NY 11238. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. The arbitration will be confidential and conducted by a sole arbitrator, in the English language, under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the American Arbitration Association ("AAA"), except as provided herein. Unless you and Nurture agree otherwise in writing, the arbitration will be conducted in Brooklyn, NY. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that Nurture will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $10,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Nurture ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.


  1. General.


These Terms shall be governed by the laws of the State of New York (without regard to its conflicts of law principles). WE EACH AGREE TO RESOLVE ANY CLAIM, DISPUTE, OR CONTROVERSY (EXCLUDING CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF) ARISING OUT OF OR IN CONNECTION WITH OR RELATING TO THESE TERMS BY BINDING ARBITRATION IN ACCORDANCE WITH SECTION 15 (ARBITRATION). We each agree to submit to the personal jurisdiction of the state and federal courts located in Brooklyn, New York, for any actions not subject to Section 15, and you hereby waive all defenses for lack of personal jurisdiction and forum non conveniens with respect to such courts. The rights granted to you under these Terms are not assignable or transferable, in whole or in part. Any attempt to transfer these Terms without the written consent of Nurture shall be void and of no force and effect. Nurture may freely assign these Terms, whether to an affiliate or to another entity in connection with a corporate transaction or otherwise. These Terms will inure to the benefit of and will be binding upon each party’s successors and permitted assigns. Unless stated otherwise, all remedies provided for in these Terms shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise. If any part of these Terms is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be will be limited or eliminated to the minimum extent necessary, and the remainder of these Terms shall continue in full force and effect. We reserve all rights permitted to us under these Terms as well as under the provisions of any applicable law. No waiver of any provision of these Terms shall constitute a further or continuing waiver of such term or any other term, and Nurture's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Nurture in connection with the Products, shall constitute the entire agreement between you and Nurture concerning the Products, and there are no promises, covenants or undertakings other than those expressly set forth herein. The headings and captions contained herein will not be considered to be part of these Terms but are for convenience only.

  1. Contact Information.


The Service is offered by Nurture at 535 Classon Ave., Brooklyn NY 11238. You may contact us by sending correspondence to that address or by emailing us at info@nurtureforall.com

  1. Notice to California Residents.

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.