Our Privacy Policy

Thanks for visiting Indulge in Nutrition, LLC. When it comes to the privacy of our visitors at www.indulgeinnutrition.com (the “Website”), we think transparency is paramount. So please take a moment to read our privacy notice carefully as it contains important information on who we are, how and why we collect, store, use, and share personal information, your rights in relation to your personal information and on how to contact us and supervisory authorities in the event you have a complaint.

By using our Website, you agree to be bound by this Privacy Policy. We may modify this Privacy Policy from time to time, and if we make material changes to it, we’ll make sure to notify you accordingly.

Who We Are

Indulge in Nutrition, LLC (“Indulge in Nutrition,” “We,” “Our”) collects, uses and is responsible for certain personal information about you. When we do so, we use commercially reasonable measures to protect your privacy while visiting our Website. We obtain information about you to better meet your needs and will only hold your data for as long as is reasonably required to accomplish the purpose or purposes for which it was collected. We’ll only collect and use your personal data when we have a lawful basis, including when you provide us consent when we have a legitimate interest, and when we have a contractual or legal obligation to collect or use the data.

The Personal Information We Collect and Use

Information you provide

In the course of browsing our Website we collect the following personal information when you provide it to us. We only request personal information that is required to fulfill the purpose.

  • First and last name(s).
  • Demographic information.
  • Mailing address.
  • E-mail address.
  • Phone number.
  • Credit card number.

Information we automatically collect

We also obtain the following information as you browse our Website:

Use of the Website that does not identify you as an individual user.

  • Internet connections.
  • Computer equipment.
  • Web browsers.
  • Websites visited before and after entering the Website.
  • IP addresses and other similar information about traffic and usage, as you navigate to, through, and away from the Website.
  • Cookies, Anonymous Identifiers, Web Beacons, and Other Internet Tracking Technology. We utilize Cookies, Anonymous Identifiers, Web Beacons, and other Internet tracking technology to collect information from your computer.

A “Cookie” is a data file that is created and stored on your computer’s hard drive when you visit our Site. An “Anonymous Identifier” is a random string of characters that is used for similar reasons as Cookies.

We use Cookies and Anonymous Identifiers to learn about your preferences. Some portions of this Site require the use of Cookies to function properly. Anonymous Identifiers can be used where Cookie technology is not available. You may refuse to accept Cookies by activating the appropriate setting on your web browser. If you select this setting, you may be unable to access certain parts of our Site. Unless you have adjusted your browser setting so that it will refuse Cookies, we will issue Cookies when you direct your browser to our Site.

A “Web Beacon” is an object embedded into a web page or an e-mail that collects various data. A web Beacon functions similarly to a Cookie and can allow us to learn more about your behaviors, actions, and preferences. When used within e-mail, for example, a web Beacon can track whether a user opens a message, clicks on a link within the e-mail, and similar actions. We also use other, similar Internet tracking technology to monitor a user’s actions coming to our Website, moving through our Website, and after leaving our Website.

How we use your personal information

We may use your personal information to:

  • Present our Website and its contents to you
  • Provide you with information or services that you request from us, such as sending you particular information about our services and offerings
  • To fulfill the purpose for which you provide it
  • To comply with any court order or legal process, including to respond to any government or regulatory request.

Who We Share Your Personal Information With

We routinely share non-personal and/or personal information with contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep such information confidential and use it only for the purposes for which the information is disclosed.

Google Analytics. We use Google Analytics to collect information about our traffic through Google ads and other anonymous identifiers. We use Google Analytics cookies and other cookies to compile data to better understand your preferences and provide you a tailored experience. You can opt out of Google analytics by visiting Google’s Opt-Out Browser Add-on website here.

Facebook and Facebook Pixel and Retargeting. We use Facebook’s conversion tracking pixel and retargeting service(s) to monitor users who are redirected to this Website by clicking on a Facebook ad. This allows us to monitor our ads and their effectiveness, as well as to provide advertisements to users for products according to their interests. Facebook explains conversion tracking on its website here and Facebook explains its use of Cookies and other storage technologies, as well as how to control Facebook’s use of Cookies, on its site here.

MailChimp. We use MailChimp e-mail marketing services to send mass communication e-mails to users. We track how users open these e-mails and what links they click so that we can better serve customers with services and information that they find relevant. When you “subscribe” to our mailing list, you agree to receive e-mail advertisements and other information from us. Out of precaution we use a “double opt-in” feature before adding you to our e-mail list, meaning you must both provide your contact information and then click the confirmation link in a follow-up e-mail. Upon receiving an e-mail from us, you may still choose to opt-out of future e-mail messages by clicking the “unsubscribe” option at the bottom of our e-mails and following Mail Chimp’s simple opt-out procedure. You can learn more about MailChimp’s privacy policies here.

PayPal. We also utilize PayPal (“PayPal”) to process payment transactions. When you make a purchase, selecting PayPal, you might be required to provide Personal Information together with your payment information (including but not limited to, your credit card number), or you might choose to connect with your PayPal account. We do not collect or store your payment information on this Site’s web server.

Other Third-Party Services. In addition to the applications listed above, we use other third-party services to obtain, track, and store user information. You can learn more about opting out of third-party vendors’ use(s) of Cookies by visiting the “Network Advertising Initiative” website here.

California Users

We don’t share your personal information with third parties for direct marketing.  California Civil Code Section 1798.83 permits users of the Website who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Under Section 1798.83, we currently do not share any personal information with third parties for their direct marketing purposes.

Children

We don’t knowingly collect any personal information from visitors or users of our site who are under the age of 13. If you are under 13, please do not give us any personal information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our privacy policy by instructing their children to never provide personal information through the Internet without their permission. If you have reason to believe that a child under the age of 13 has provided personal information to us, please contact us at support@indulgeinnutrition.com and we’ll endeavor to delete that information from our databases.

EU Visitors

If you’re an EU resident, some of your data may be subject to the General Data Protection Regulation (GDPR) and you have a number of important rights. In summary, those include rights to:

  • Fair processing of information and transparency over how we use your use personal information
  • Access to your personal information and to certain other supplementary information that this Privacy Notice is already designed to address
  • Require us to correct any mistakes in your information which we hold
  • Require the erasure of personal information concerning you in certain situations
  • Receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations
  • Object at any time to processing of personal information concerning you for direct marketing
  • Object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you
  • Object in certain other situations to our continued processing of your personal information
  • Otherwise restrict our processing of your personal information in certain circumstances

If you would like to exercise any of those rights, simply send us your request to suppport@indulgeinnutrition.com. Please provide us have enough information to identify you, including proof of your identity and address (for example, a copy of your driver’s license or passport and/or a recent utility or credit card bill). Please also provide the information to which your request relates including any account or reference numbers if you have them.

If you’d like to unsubscribe from any email newsletter you can also click on the unsubscribe button at the bottom of our email newsletter. It may take up to ten days for this to take place.

Keeping Your Personal Information Secure

We have appropriate security measures in place to prevent personal information from being accidentally lost or used or accessed in an unauthorized way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

How to Complain

We hope that we can resolve any query or concern you raise about our use of your information.

For residents of certain countries, the GDPR also gives you right to lodge a complaint with supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live, or where any alleged infringement of data protection laws occurred. The supervisory authorities may be accessed here.

Changes to This Privacy Notice

This privacy notice was published on [November 2, 2019].

We may change this privacy notice from time to time, when we do we’ll update the date listed at the top of this notice. We encourage you to revisit this policy periodically for changes.

How to Contact Us

Please contact us at support@indulgeinnutrition.com if you have any questions about this privacy notice or the information we hold about you.

Do You Need Extra Help?

If you would like this notice in another format (for example: audio, large print, braille) please contact us (see “How to contact us” above).

Website Terms Of Use

Last updated November 2, 2019

Indulge in Nutrition, LLC (“we,” “us,” or “our”), oversees this website, including the services underlying the site and the content appearing herein, https://www.indulgeinnutrition.com (collectively, the “Site”). These Terms of Use (“Terms of Use”) are applicable to you (“User,” “you,” or “your”). The terms contained herein apply to all Users of this Site.

Read these Terms of Use carefully before you begin using this Site. By entering, accessing, browsing, submitting information to, or otherwise using the site, it’s services and the content available, you acknowledge and agree to these terms.

Note that these Terms of Use may be updated from time to time, and any User’s continued use of this Site after we have made updates to the terms is considered acceptance of those updates. For clarity, all updates are effective immediately when posted. It is your responsibility to check the Terms of Use periodically for updates.

Information Provided

Access to certain portions of the Site is restricted to registered Users. As part of our registration process, you must provide us with certain information. We use this information so that we can verify your identity and to allow you to make the full use of the goods and services we provide through the Site. Additionally, you might be required to provide a credit, debit, or charge card number, or other payment information, as well as your name, telephone number(s), e-mail, and/or street address, and other personally identifiable information (“Personal Information”), which will be maintained and used by us as described by these Terms of Use and our Privacy Policy.

Registration and Security

You agree, represent, warrant, and guarantee that all Personal Information provided by you is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate, or pretend to be somebody else when registering. When you create an account and subsequently log in, you will be asked to choose a password. You are responsible for safeguarding and maintaining the confidentiality of your password, and you agree not to disclose your password to any third party. You will be solely responsible for any activities or actions are taken into your account, whether or not you have authorized such activities or actions. You must notify us immediately if you know or suspect that any unauthorized person is using your password or your account (for example, your password has been lost or stolen, someone has attempted to use the services or Site through your account without your consent or your account has been accessed without your permission). We strongly recommend that you do not use the services or access the Site on any public computer. We also recommend that you do not store your password through your web browser or other software.

You acknowledge and agree that we may, and you specifically authorize us, or permitted third parties, to process all transactions, including without limitation purchases and/or registration for products and/or services on this Site. You agree to pay all fees and charges, including applicable taxes and surcharges, incurred through your activity on or through the Site and/or through your account/profile.

Limitations on Use

The Site may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the Site and its content. In addition, without limitation, you agree that you will not do any of the following while using or accessing the Site:

  • upload, post, e-mail, or otherwise transmit or submit any content to which you do not have the lawful right to copy, transmit, and display (including any content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content);
  • upload, post, e-mail, or otherwise transmit or submit any content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or another intellectual property right, or moral right, or right of publicity);
  • upload, post, e-mail, or otherwise transmit or submit harmful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, obscene, indecent, vulgar, lewd, violent, hateful, or otherwise objectionable content or material;
  • use the Site to collect or store personal data about other Users without their express permission;
  • knowingly include or use any false or inaccurate information in any profile;
  • upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes,” or any other form of solicitation, as well as viruses or other computer code that may interrupt, destroy, limit the functionality of the Site, or interfere with the access of any other User to the Site;
  • circumvent, disable, or otherwise interfere with security-related features on the Site or features that prevent or restrict use or copying of any content;
  • attempt to probe, scan, or test the vulnerability of any system or network operated by Indulge in Nutrition, or breach or impair or circumvent any security or authentication measures protecting the Site;
  • attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used to provide the Site;
  • use the Site in any way that competes with us; or
  • encourage, collaborate, or instruct any other person or entity to do any of the foregoing.

Any attempt to do any of the foregoing prohibited acts, or to otherwise undermine the operation of the service or site(s), may be a violation of the criminal and civil law. Should such an attempt be made, we reserve the right, in addition to our other remedies, to seek damages (including without limitation attorneys’ fees) from any such individual or entity to the fullest extent permitted by law.

Intellectual Property

The Site, including all text, images, designs, graphics, content, source code, object code, data, features, functionality (including but not limited to all information, software, displays, enablement of video and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such materials. For purposes of clarity, Indulge in Nutrition owns the rights to the compilation, arrangement, and assembly, along with any modifications, variations, updates, versions, and changes to all information entered and stored within our Site database(s), as part of the Site. This material, collectively, is protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All of the Site content is copyrighted material and is protected by the Copyright Act of 1976. You are not permitted to republish, reproduce, transmit, transfer, prepare derivative versions or works, or otherwise use any content on this Site without our prior, express, and written permission.

You do not and will not acquire any intellectual property rights in the Site, including but not limited to the underlying services and the content published herein, by your use of the Site. When you use our Site, you may access intellectual property rights that we, our licensors, or third parties own or license. Subject to your compliance with the terms and conditions of these Terms of Use, we grant you a limited, non-exclusive, non-transferable, and revocable license, without the right to sublicense, to access and use the Site and to download and print any content provided by us, solely for your personal and non-commercial purposes. Except for the limited use set forth in the preceding sentence, you may not copy, download, republish, distribute, reproduce, post, upload, transmit, transfer, prepare derivative versions or works, or otherwise use any of the information contained on this Site in any form without the prior, express, written consent of Indulge in Nutrition. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the licenses and rights expressly granted in these Terms of Use.

In short, the Site contains copyrighted materials and has been – and continues to be – a labor of love by us and we have worked very hard to produce it. Please be courteous, respectful, and refrain from using it as your own. We are extremely flattered when asked to publish our content (e.g., recipe, photograph, or other content) on a website or blog. If you’d like to share any content from this Site, you must get written permission from us first.

Or Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Site may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on Site.
  • Send e-mails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other website.
  • Link to any part of the Site other than the homepage.
  • Otherwise, take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Digital Millennium Copyright Act (17 U.S.C. § 512); Copyright Infringement

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.  We have filed a notice of our Designated Agent with the U.S. Copyright Office.

If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on Information Posted

We reserve the right to modify the Site in our sole discretion without notice. We will not be liable if, for any reason, any part of the Site, or the entire Site, is unavailable for any period of time. Periodically, we may restrict access to portions of the Site, or the entire Site. We may make these modifications at any time and for any reason without prior notice. You assume any and all risk for decisions based on information contained within this Site. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place, or decisions you make, on such information is strictly at your own risk. We disclaim any and all liability and responsibility arising from any reliance placed on these Site materials by you or any other User of the Site, or by anyone who may be informed of any of its contents.

Disclaimer of Warranties

THE SITE AND ALL INFORMATION CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

INDULGE IN NUTRITION, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ALL WARRANTIES WHETHER ARISING OUT OF LAW, STATUTE, COURSE OF DEALING, TRADE USAGE, OR ANY OTHER RELATIONSHIP. WE MAKE NO WARRANTIES OF ANY KIND REGARDING THE SITE OR  INFORMATION FOUND ON THIS SITE. WE MAKE NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, FUNCTIONALITY, TIMELINESS, SPEED, OR ACCESSIBILITY OF ANY INFORMATION SUPPLIED WITHIN THE SITE. WE DO NOT WARRANT THAT THE SITE WILL BE OPERATIONAL, SECURE, ERROR-FREE, OR VIRUS-FREE.

Security

You are responsible for implementing sufficient procedures and security mechanisms to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to and separate from this Site to reconstruct any lost data.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the site or to your downloading of any material posted on it, or on any third-party website linked to it.

Third Party Websites and Social Media

This Site may contain links to other websites on the Internet, and which are not maintained by Indulge in Nutrition and are provided for your convenience only. When you leave this Site, you do so at your own risk. By providing a link to a third-party website, we are not endorsing or attempting to associate with any other entity. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.  YOU ACKNOWLEDGE THAT INDULGE IN NUTRITION, SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY, OR IN CONNECTION WITH, YOUR RELIANCE ON ANY INFORMATION, ANY GOOD, ANY SERVICE, OR ANY OTHER MATERIAL PROVIDED THROUGH A THIRD-PARTY WEBSITE.

Some jurisdictions do not permit us to exclude warranties in these ways, so it is possible that these exclusions will not apply to our agreement with you. In such event, the exclusions shall apply to the fullest extent permitted by applicable law.

Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE INDULGE IN NUTRITION, TOGETHER WITH ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, FROM ALL LIABILITY ASSOCIATED WITH YOUR USE OF THIS SITE.

You acknowledge that you are responsible for any actions you take while on this Site. You recognize that your use of the Site and any subsequent actions arising from your use of the Site are taken solely at your own risk.

IN NO EVENT WILL INDULGE IN NUTRITION, OUR DIRECTORS, OUR OFFICERS, OUR EMPLOYEES, OUR CONTRACTORS, OUR AGENTS, OR OUR REPRESENTATIVES, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, OR UNDER ANY EQUITABLE THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You will indemnify, defend, and hold harmless Indulge in Nutrition, our licensors and affiliates and our respective directors, officers, employees, contractors, agents, and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of or relating to any of the following matters:

  • your access to or use of the Site, including but not limited to its services and its content;
  • your violation of any of the provisions of these Terms;
  • any activity related to your account by you or any other person accessing the Site through your account, including, without limitation, negligent or wrongful conduct; or
  • your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

COPPA Notice

This site is not intended for users who are younger than thirteen years of age. You can learn more about our compliance with the Children’s Online Privacy Protection Act (“COPPA”) by reviewing our Privacy Policy.

Governing Law and Venue

This Terms of Use shall be construed, governed, and enforced under the laws of the United States and the State of Georgia (without regard to rules governing conflict of laws). You agree that venue for all actions, relating in any manner to this Terms of Use, shall be in a federal or state court of competent jurisdiction located in Columbus, Georgia. Each party to these terms waives any objection based on forum nonconveniens and waives any objection to the venue of any action instituted hereunder to the extent that an action is brought in the courts identified above.

Severability

If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions will continue in full force and effect.

Waiver

No waiver by Indulge in Nutrition of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Indulge in Nutrition to assert a right or provision shall not constitute a waiver of such right or provision.

Changes to these Terms of Use

We will make changes to these Terms of Use from time to time. It is our custom to provide notification on this page when we make material changes. The date that these Terms of Use were last revised is identified at the top of the page. you are responsible for ensuring that you periodically visit our Site and these Terms of Use to check for any changes.

Entire Agreement

These Terms of Use, along with the Privacy Policy, represent the entire understanding and complete agreement by and among you and Indulge in Nutrition. BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, AND YOU AGREE TO BE BOUND BY ALL APPLICABLE TERMS AND CONDITIONS.

Online Sales Policy

TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS AND SERVICES

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. [YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.]

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH INDULGE IN NUTRITION, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through www.indulgeinnutrition.com (the “Site”). These Terms are subject to change by Indulge in Nutrition, LLC (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site.

  • Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
  • Prices and Payment Terms.
    1. [Prices posted on this Site may be different than prices offered by us. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
    2. We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
  • [The following terms may be used by us to communicate pricing information:
    1. “Price” references our normal price for a product or service.
    2. “Sale” refers to a reduced price for a product or service.
    3. “Clearance” refers to a reduced price for a product or service that will be discontinued.]
  1. Terms of payment including all payment plans are within our sole discretion and[, unless otherwise agreed by us in writing,] payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

Affiliate Disclaimer

  • Manufacturer’s Warranty and Disclaimers. We do not manufacture or control any of the affiliate products offered on our Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Site. If an affiliate product is purchased, we gain a small percentage of the sale from the manufacturer.
  • However, the products and services offered on our Site are covered by the manufacturer’s warranty as detailed in the product’s description on our Site and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty.

ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

  • Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES[, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE], ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY [FOR ANY CAUSE WHATSOEVER,] SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

  • Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
  • Our Privacy Policy listed on this page, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
  • Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
  • Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms are governed, construed, and enforced in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule. You agree that venue for all actions, relating in any manner to these Terms, shall be in a federal or state court of competent jurisdiction located in Davidson County, Nashville, Tennessee. Each party to these terms waives any objection based on forum non-conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above.
  • You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
  • No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Indulge in Nutrition, LLC.
  • No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
    1. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
    2. To Us. To give us notice under these Terms, you must contact us as follows: (i) by email to support@indulgeinnutrition.com; or (ii) by personal delivery, overnight courier, or registered or certified mail to Indulge in Nutrition, 495 Dance Dr., West Columbia, TX 77486. We may update notice information by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
  • If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
  • Entire Agreement. [Our order confirmation]/[These Terms}, [the agreement relating to any product or service you obtain on or through this Site,] our Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

Refund Policy

What’s your return policy on digital guides, ebooks, and online products?

  • Due to the digital and downloadable nature of the products, we do not offer refunds on digital guides, ebooks, and online products. Indulge in Nutrition still has the right to revoke a return if we suspect copyright or copying infringement, otherwise, the return will be placed.
  • We do not offer refunds on nutrition coaching. I wholeheartedly believe in this program, and I know if you do the work and trust the method, you’ll see results, but results are not guaranteed. Nutrition Coaching is for serious, committed students who want to make change.

Copyright Policy

Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below.

In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or if the claim involves multiple works on the Website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

Melissa Reid

Indulge in Nutrition, LLC
495 Dance. Dr., West Columbia, TX 77486

support@indulgeinnutrition.com

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts and/or orders of users who are repeat infringers.