Website Terms & Conditions (“Terms of Use”)

These Terms & Conditions received their latest update on April 23, 2024. Welcome to Fab & Nutritious LLC (“the COMPANY”), accessible at www.fabandnutritious.com (“the Website”), among our other web platforms, which include, but are not limited to:

• Classroom.fabandnutritious.com

GUESTS ENGAGING WITH OUR WEBSITE WILL BE PROVIDED ACCESS TO ITS CONTENTS UNDER THE ENSUING TERMS OF USE, ESTABLISHING A LICENSE THAT REGULATES YOUR ENGAGEMENT WITH THE WEBSITE AND ANY TRANSACTIONS COMMENCED THEREIN. BY BROWSING THE WEBSITE, YOU CONSENT TO THESE ESTABLISHED TERMS OF USE. PLEASE BE ADVISED THAT THE FOLLOWING SECTIONS INCLUDE A DISCLAIMER OF SPECIFIC LEGAL RIGHTS. IT IS IMPERATIVE TO REVIEW ALL DETAILS THOROUGHLY.

Within this document, “We/us/our” refers to Fab & Nutritious LLC. “The Website” pertains to the domain www.fabandnutritious.com (or any future URL that might take its place) including its associated sites and microsites under the Fab & Nutritious LLC umbrella. “You/your” identifies you as a participant of the Website.

By engaging with and utilizing the Website, you confirm your acknowledgment of having read, comprehended, and your agreement to adhere to these Terms of Use as well as our Privacy Policy, which is incorporated into this Agreement by this reference. Should you disagree with any portion of these terms, please refrain from using or accessing the Website.

Eligibility to engage with or utilize the Website is contingent upon being at least 18 years of age and possessing the necessary authority to agree to these Terms and Conditions.

We invite you to examine our Privacy Policy, which also presides over your engagement with the Website, to familiarize yourself with our protocols regarding privacy.

By utilizing this Website, you consent to the understanding that the Terms of Use are backed by fair and significant consideration, the receipt and sufficiency of which you duly recognize. This includes, among other things, your privilege to access and interact with the Website and all materials provided within or via the Website.

Individuals who opt-in for additional details (such as e-newsletters, promotional deals, bonus content, etc.), or those who acquire a product, service, or program via the Website, are consenting to the stipulations of this Agreement as well as the subsequent Terms and Conditions of Purchase as relevant to the particular product, service, or program.

We furnish both Guests and Account Holders with entry to the Services as outlined subsequently.

Guests refer to individuals who browse the Website but choose not to create an account. Guests are not required to provide login details or personal information. They are able to view all content that is publicly posted on the Website and may also reach out to us via email.

Account Holders have the privilege of accessing all content openly presented on the Website, and they can communicate with us through email. Upon signing up for an e-newsletter, product, service, or program, they may also obtain access to specialized content available on this Website.

The Company reserves the right to permit or decline any individual’s registration as an Account Holder at its sole judgment. Moreover, the Company may terminate any account at its discretion, inclusive of, but not limited to, scenarios where an Account Holder is perceived to have breached these Terms of Use, or the specific Terms of Use relevant to any service, product, or program.

The Website may include or encompass as part of its integral offerings, or as elements of specific products, services, or programs available via the Website, various forms of content such as text, visuals, brand identifiers, imagery, educational materials, computer programs, videos, or audio recordings, and other materials supplied by or on the Company’s behalf (jointly termed as “Content”). This Content entails the deliberate curation and configuration of all included Content, that is, the layout. The Content remains exclusive and is safeguarded by both domestic and international legislation, whether it is our proprietary material or that of third parties with whom we collaborate to present the Content.

You are bound not to employ the Website for any unlawful activities and to adhere strictly to all relevant statutes and norms. Illicit usage of the Content may infringe upon copyright, trademark, and other prevailing laws.

Account Holders who have transacted for any goods, service, or program have the liberty to download a single copy of their acquisition onto their personal computing device and to peruse any Content incorporated within the purchased item, service, or program for their sole personal, non-business usage. Except as outlined in this segment, you possess no additional entitlements regarding the Content (apart from the Content you personally produce and share on the Website, if applicable), and you are to utilize the Content solely as authorized by this Agreement. Usage beyond these stipulations requires prior written authorization from the Company. The Company maintains comprehensive ownership, entitlement, and interest, inclusive of all intellectual property rights, pertaining to the Content. You must preserve any copyright and all other proprietary notices inherent in the authentic Content. You are obliged not to replicate, mimic, reproduce, distribute, issue, publicize, display, market, convey, delegate, license, sub-license, perform publicly, exploit commercially, or originate derivative works from such materials and content, nor to facilitate or aid others in doing so. You are equally barred from circulating any segment of the Content in printed or digital form, including on alternate websites, social media platforms, or within a networked computing environment for any purpose. The Content is not to be associated with any product or service that is not our own in any fashion that might provoke confusion among consumers, or that belittles or detracts from our reputation or that of any third party.

You concur not to engage with the Website in a manner that may cause disruption, impairment, or diminished efficiency, or in such a way that adversely affects the Website’s effectiveness or functionality. You also agree to refrain from attempting any unsanctioned access to any segment or feature of the Website.

You concur that should you acquire any legal right, claim, or cause of action against another User stemming from that User’s use of the Website, you will seek such legal recourse independently and without reliance on us.

Our Website may feature sections where you’re welcome to post reviews, comments, images, and other varieties of content (“User-Created Content”). In areas permitted by the Website, you are allowed to offer comments, messages, advice, concepts, inquiries, or other details, as long as what you provide isn’t menacing, offensive, illicit, lewd, slanderous (toward us or others), violating of privacy or proprietary rights, or otherwise harmful to us or third parties. Additionally, your contributions should not include harmful software, disruptive programs, or unsolicited promotional content, including political campaigning, commercial offers, chain letters, or bulk communications. Misrepresentation through the use of incorrect email identities, pretending to be someone else, or misleading about the origin of the content is prohibited. We hold the authority (but not the duty) to delete or modify any such content.

By submitting any content to us, namely “User-Created Content,” as characterized earlier, you understand there will be no expectation of confidentiality, reliance, or any confidential, fiduciary, or other forms of implied relationships established between you and us. By posting any content, whether purposefully or inadvertently, you grant us a License in such content, permitting us and any appointed parties an unfettered right to utilize the content for any purpose, commercially or otherwise, without seeking additional authorization or providing compensation to you or anyone else. This includes utilizing the name submitted with the content, as well as any other identifier associated with you, in connection with the User-Created Content. Explicitly, we have the right to use, duplicate, license, relicense, allocate, print, showcase, distribute, republish, alter, translate, or develop derivative works from any User-Created Content you provide, without seeking further consent, notice, or remuneration to you. Your agreement to this “User-Created Content License” is valid irrespective of whether your content is utilized by us.

You affirm and pledge that you possess, or hold sufficient rights to, or can rightfully command all User-Created Content that you submit or communicate to us, and that such content is precise and veracious and does not contravene these Terms of Use, our Privacy Policy, or infringe upon our rights or those of any third party and will not be detrimental to any individual. You agree to shield us, our associates, and designees from any claims arising from or related to such User-Created Content. We retain the right (but not the obligation) to monitor and excise any involvement or content related to you or your account. We are not responsible for, and will not be liable for, any User-Created Content posted by you or any other individual.

With each access to the Website or each instance of creating or submitting User-Created Content, you reaffirm, endorse, and uphold the terms of the existing User-Created Content License for that particular contribution and all preceding contributions you’ve made to us.

Periodically, we may present or furnish links to third-party sites on our Website. Clicking on these links may navigate you away from our Website to other webpages, which might include those of affiliates, joint-venture collaborators, content allies, or various businesses or service facilitators who might not be connected with our endeavors. In choosing to follow these links, you take on full responsibility for the risks and outcomes associated with your interaction with or use of third-party websites. Sites external to our Company might operate under their own usage terms and privacy agreements. We must clarify that we are not tasked with inspecting or critiquing the content on other domains, nor do we hold accountability for the accessibility of such external locations or resources, and we neither support nor are we answerable or culpable, whether directly or indirectly, for the privacy methods or the content (this includes content that is false or slanderous) on any third-party webpages, inclusive of, but not confined to, any advertising, products, or other materials or services presented on or through such sites or resources, nor for any harm, loss, or insult that is claimed to happen as a result of, or in connection with, the utilization of or confidence in any such content, goods, or services found on such external domains or resources.

We engage in affiliate marketing arrangements with various third parties and occasionally may incorporate links to third-party services or products on our website and within our email promotions. We obtain monetary benefits from these affiliate associations, particularly when our Users buy services or products through these links. We ensure transparency by disclosing these affiliate partnerships when we send or publish such promotional content. If we are offering an assessment or evaluation of a third party’s service or product and receive a financial incentive for such endorsement or evaluation, we explicitly convey that information along with our critique or assessment.

We maintain the discretion to alter or discontinue, either temporarily or permanently, the Website (or any section thereof) at any moment without notice. You concur that we shall not be accountable to you or any external party for any changes or cessation of the Website. You will not be entitled to any form of compensation due to your inability to utilize any aspect of the Website or owing to any malfunction, pause, or cessation of the entire Website or a segment of it.

Periodically, we may modify these terms and conditions, and your continued usage of the Website (or any part of it), following such modifications, will be considered as your endorsement of the amended terms. It is your obligation to frequently review these Terms of Use to stay informed of any updates. Should you disagree with any revisions to the Terms of Use, it is imperative that you cease using the Website forthwith.

You acknowledge your obligation to fully compensate, protect, and exonerate us (which includes our licensors, permit holders, successors, distributors, agents, representatives, and other authorized users, along with each of their respective officers, directors, owners, managers, members, staff, agents, delegates and successors, collectively known as the “Indemnified Parties”) from all claims, liabilities, damages, losses, costs, and expenses, encompassing attorney’s fees and costs, incurred by us and stemming from any violation of these conditions by you or any other liabilities related to your use of the Website, or usage by any other individual accessing the Website under your credentials, personal computing equipment or other electronic device, or your internet access account. You agree to exert all reasonable efforts to cooperate with us in the defense of any claim, including providing assistance to us without charge, as we may request, in relation to such defense, including but not limited to furnishing us with such data, documentation, records, and reasonable access to you, as we may deem essential. We reserve the unilateral right to employ separate legal representation and to assume the sole defense and management of the settlement and resolution of any claim that falls under your indemnity. You shall not resolve any claim by a third party or surrender any defense without our express prior written consent.

YOUR ENGAGEMENT WITH AND USE OF THE WEBSITE AND ITS CONTENT IS DONE AT YOUR OWN DISCRETION AND RISK.

THE CONTENT OFFERED ON THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS. TO THE BROADEST EXTENT LEGALLY PERMISSIBLE, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, PRECISION, CONDITION, OR COMPLETENESS, OR ANY WARRANTY THAT MAY EMERGE FROM A TRANSACTION OR USAGE.

WE DO NOT GUARANTEE THAT THE WEBSITE’S CONTENT, PRODUCTS, SERVICES, OR PROGRAMS (INCLUDING USER-GENERATED CONTENT) WILL OPERATE WITHOUT INTERRUPTION OR ERRORS, THAT DEFECTS WILL BE AMENDED, OR THAT THE WEBSITE OR ITS SUPPORTING SERVERS WILL BE VIRUS-FREE OR OTHERWISE RELIABLE AND FULLY FUNCTIONAL. WE ASSUME NO RESPONSIBILITY FOR ANY LOSS OF CONTENT OR DATA DUE TO UPLOADS OR DOWNLOADS FROM THE WEBSITE, AND YOU WILL BEAR ALL COSTS FOR SERVICING, REPAIR, OR CORRECTIONS TO ANY OF YOUR EQUIPMENT OR SOFTWARE.

WE ALSO EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR THE TRUTHFULNESS, COMPLETENESS, OR AVAILABILITY OF INFORMATION, CONTENT, AND MATERIALS FOUND ON SITES THAT LINK TO OR FROM OUR WEBSITE. THE SATISFACTION WITH ANY PURCHASE OF SERVICES OR PRODUCTS FROM AN EXTERNAL WEBSITE THAT LINKS TO OR FROM OUR WEBSITE, OR THIRD-PARTY CONTENT ON OUR SITE, IS NOT GUARANTEED. WE DO NOT ENDORSE ANY PRODUCTS OR INFORMATION ON THIRD-PARTY SITES, NOR DO WE CONFIRM THEIR ACCURACY OR RELIABILITY. WE ARE NOT LIABLE FOR THE SECURITY OF ANY DATA YOU MAY SHARE WITH ANY THIRD PARTY.

YOU IRREVOCABLY WAIVE ANY CLAIM AGAINST US RELATING TO THE CONTENT ON OUR WEBSITE (INCLUDING USER-GENERATED CONTENT), CONTENT ON THIRD PARTY SITES, AND ANY MATERIALS YOU PROVIDE TO THIRD PARTY SITES (INCLUDING PERSONAL INFORMATION). BEFORE ENGAGING IN ANY TRANSACTIONS WITH ANY THIRD PARTY, WE ADVISE YOU TO CONDUCT THOROUGH DUE DILIGENCE.

THE WEBSITE AND ITS CONTENT ARE NOT TO BE CONSIDERED AS PROFESSIONAL ADVICE OR A SUBSTITUTE FOR PROFESSIONAL TREATMENT. WE, ALONG WITH THE CREATORS OF OUR PRODUCTS, SERVICES, OR PROGRAMS, ASSUME NO LIABILITY FOR ANY POTENTIAL INJURY OR LOSS. WE DISCLAIM ALL WARRANTIES AND LIABILITY CONCERNING ANY ACTIONS FOLLOWING THE INFORMATION PROVIDED THROUGH THE WEBSITE. CONSULT A QUALIFIED PROFESSIONAL FOR MEDICAL OR OTHER PROFESSIONAL ADVICE AS NEEDED.

BY ACKNOWLEDGING THIS “DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY,” YOU RECOGNIZE IT AS A RELEASE OF LIABILITY. YOU VOLUNTARILY RELINQUISH AND FOREVER FORGO ANY LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY REGARDING PERSONAL INJURY OR PROPERTY DAMAGE.

WE CANNOT GUARANTEE THE SECURITY OR PRIVACY OF THE INTERNET AND THE WEBSITE, NOR ARE WE LIABLE FOR ANY INFORMATION YOU EXCHANGE THROUGH THE WEBSITE.

WE SHALL NOT BE HELD ACCOUNTABLE, UNDER CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, FOR ANY ECONOMIC LOSS, DAMAGE TO GOODWILL OR REPUTATION, DATA CORRUPTION, OR ANY INDIRECT OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR ITS OFFERINGS. OUR AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THE WEBSITE OR $100, WHICHEVER IS LESS.

IN NO EVENT WILL WE BE RESPONSIBLE FOR DELAYS OR FAILURES IN PERFORMANCE RESULTING FROM ACTS BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT FAILURES, ELECTRICAL ISSUES, STRIKES, OR GOVERNMENT ACTIONS.

APPLICABLE LAW MAY NOT ALLOW CERTAIN LIMITATIONS OF WARRANTY AND LIABILITY; IN SUCH CASES, THESE LIMITATIONS MAY NOT APPLY TO YOU.

Our Website operates from the United States. It is your sole responsibility to adhere to all the laws pertinent to your jurisdiction, irrespective of your location within or outside the United States.

The terms of this Agreement and any related actions are subject to the laws of the State of Illinois.

If a dispute arises from or is related to this Agreement, the Content, or the Website (“Dispute”), both parties have the option to definitively and exclusively settle the dispute as follows: initially, through confidential mediation by a neutral, third-party attorney/mediator agreed upon by both parties and located in Berkeley, California. This mediation can take place in person, via webcams, or by phone, and must be initiated within 30 days following a mutual request for mediation; subsequently, through confidential, binding arbitration as per the Federal Arbitration Act (“FAA”). Choosing to arbitrate at any stage will be conclusive and obligatory for the other party. SHOULD ARBITRATION BE SELECTED, BOTH PARTIES FORGO THE RIGHT TO PURSUE LEGAL ACTION IN COURT OR HAVE A JURY TRIAL. RIGHTS RELATED TO DISCOVERY AND APPEALS MAY BE RESTRICTED DURING ARBITRATION. The dispute shall be settled by a neutral arbitrator, with their decision being final except for a minimal right of appeal under the FAA. The arbitrator’s decision can be enforced by any court within Alameda County, California. Arbitration may occur directly, through document submission, by phone, or online, overseen by a qualified arbitrator from JAMS or one with equivalent experience. If the arbitration occurs in person, it shall be held in Berkeley, California. The parties retain the right to approach the court to mandate arbitration, maintain a stay on proceedings during arbitration, or to validate, amend, annul, or pass judgment based on the arbitrator’s decision. Additionally, we reserve the right to pursue legal action in court for injunctive orders.

You acknowledge that any arbitration or legal action is restricted to the dispute between us and you on an individual basis. As permitted by law: (i) no arbitration or legal proceeding will be consolidated with another; (ii) disputes are not eligible for any form of class arbitration or any litigation used in class actions; and (iii) disputes cannot be brought on behalf of the public or any other group in a representative capacity. YOU CONSENT TO INITIATE CLAIMS AGAINST US SOLELY IN YOUR OWN CAPACITY, EXCLUDING ANY ROLE AS A LEAD PLAINTIFF OR CLASS MEMBER IN ANY KIND OF PROPOSED CLASS OR REPRESENTATIVE LEGAL PROCESS.

By using the Website or reaching out to us via email, you are engaging with us through electronic means. You consent to receive all communication from us in an electronic format. Our communication with you will be through email or by posting notices on the Website. You agree that any contracts, notifications, information disclosures, and further communications that we send to you electronically meet any legal obligations requiring that such communications be made in writing.

The Terms and referenced documents within (subject to amendments over time) represent the full Agreement between us, concerning the Website and all discussed matters, and they override any previous concurrent agreements, representations, understandings, or suggestions made between us. No verbal explanations or information shared by either party will modify the interpretation of these Terms.

No waiver by the Company of any terms detailed herein shall be taken as a waiver of any other terms, whether similar or not, nor shall any single waiver be deemed ongoing.

The section titles in this Agreement serve only for organizational purposes and do not influence the interpretation or construction of any term or provision of this Agreement.

You acknowledge that no joint venture, partnership, employment, or agency relationship is formed between you and us through your acceptance of these Terms of Use or through your use of the Website.

Nothing in this Agreement limits our right to fulfill any governmental, court, or law enforcement requests or requirements concerning your use of the Website or information provided to or collected by us regarding such use. A printed version of these Terms of Use and any electronic notices shall be permissible in legal or administrative proceedings to the same degree, and subject to the same conditions that apply to other business records and documents initially produced and kept in printed form.

Should any clause of these Terms of Use be deemed invalid or unenforceable under applicable law, the remaining clauses will persist in full effect. The unenforceable or invalid clause will be considered replaced by a valid, enforceable clause that most closely aligns with the intent of the original provision.

© 2024 by Fab & Nutritious (www.fabandnutritious.com). All Rights Reserved. DO NOT DUPLICATE THESE TERMS & CONDITIONS (OR ANY PORTION THEREOF). THIS CONSTITUTES COPYRIGHT INFRINGEMENT.