Please read these Terms and Conditions before using this Website.
This website and its contents are owned by Terri Ward, LLC doing business as Terri Ward Nutrition & Wellness. “You” or “your” means you as a user of the TerriWard.com website. “We”, “our” or “us” refers to Terri Ward, LLC. The “Site” or “TerriWard.com” refer to this website and its contents.
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 21 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 21 years of age.
By purchasing and/or using the Site you also implicitly agree to our Disclaimer, which may be found on this website.
We reserve the right to modify these terms and conditions at any time without notice, so please check this page regularly to ensure you are familiar with the current version. Revised terms and conditions will take effect immediately upon their posting on the Site.
LICENSE TO USE WEBSITE
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice.
Unless otherwise stated, we and/or our licensors own the intellectual property rights in the Site. Subject to the license below, all these intellectual property rights are reserved.
You may download for caching purposes only, and from time to time print one copy of individual pages of the Site for your own personal, non-commercial use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from this website;
- show any material from this website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on this website; or
- redistribute material from this website except for content specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed within your organization and you must receive our written permission before redistribution.
Any request for written permission to use our content, or any other intellectual property belonging to us, must be made at prior to using the content by emailing firstname.lastname@example.org.
ATTRIBUTION AND LINKING
Printed pages or content from the Site must give full attribution and credit to TerriWard.com and include all copyright notices. If used electronically, you must include the link back to the Site page from which the content was obtained.
You may establish a hypertext link to the Site so long you do so in a way that is fair and legal and does not damage our reputation or take advantage of it and does not state or imply that you have any sponsorship by, endorsement by, or ownership in our Site or that we have sponsored, endorsed, or have ownership in your website.
Links pointing to this website should not be misleading.
Appropriate link text should always be used.
You must not use the Terri Ward Nutrition & Wellness logo to link to this website (or otherwise) without our express written permission.
You must not link to this website using any inline linking technique.
You must not frame the content of this website or use any similar technology in relation to the content of this website.
Links from this website to other websites owned and operated by third parties are not endorsements or recommendations. We have no control over the contents of third party websites, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
You agree that, should we request the deletion of a link to our website that is within your control, you will delete the link promptly.
If you would like us to remove a link to your website that is included on this website, please contact us using the contact details below. Note that unless you have a legal right to demand removal, such removal will be at our discretion.
THEFT OF CONTENT
Copying, duplicating, reproducing, translating, selling, distributing, or using this website or its content in any manner contrary to these terms and conditions, including adapting, implying, or representing the website or its content as your own or created by you, is considered theft. We reserve our right to prosecute theft to the full extent of the law.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You agree to only purchases goods or services you are legally permitted to purchase and with a payment method you are legally authorized to use. You agree to be financially responsible for all purchases made by you or someone acting on your behalf.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without our express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website to impersonate any third party or otherwise mislead as to the origin of your contributions.
You must not use this website for any purposes related to marketing without our express written consent.
Access to certain areas of this website is restricted. We reserve the right to restrict access to other areas of this website, or indeed this entire website, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of the Site or other content or services, you must ensure that the user ID and password are kept confidential.
We may disable your user ID and password in our sole discretion without notice or explanation.
TERMS OF SALE
By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with TerriWard.com you must be over 21 years of age and have a PayPal account or possess a valid credit or debit card issued by a bank acceptable to us. TerriWard.com retains the right to refuse any request made by you. If your order is accepted, we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be TerriWard.com or may in some cases be a third party. Where a contract is made with a third party, TerriWard.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract. When you place an order, you will receive an acknowledgement email confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by email that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation email sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability. While we try and ensure that all details, descriptions and prices which appear on the Site are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
(c) Payment. Payments for purchases are processed via PayPal or Square, allowing you to use your PayPal account, Visa, MasterCard, American Express, or Discover.
Upon receiving your order and authorization of payment from PayPal or Square, the monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
(d) Refunds. If you are not satisfied with your purchase of physical products, within 30 days from the purchase date, you can return your order for a full refund or exchange it for something else. Returned or exchanged products must be in the original condition, in the original container and/or packaging and if shipped, the package must be shipped with tracking.
Refunds are not available for digital/downloaded purchases once the order is completed and the product sent. If we have not been notified within 14 days that you are unable to download the product, we will consider the product received and downloaded.
Refunds are not available on customized products or services.
We do not bear any responsibility and therefore, do not satisfy any refund/return/exchange requested based on incompatibility of our products with some third-party software.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
You acknowledge that we have the right but not the obligation to use and display your user content. We reserve the right to edit or remove any material submitted to this website, or stored on our servers, or hosted or published upon this website and may elect to cease the use and display of your user content (or any portion thereof), at any time for any reason whatsoever.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you, us, or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, this website.
NO WARRANTIES OR ADVICE
This website is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, we do not warrant that:
- this website will be constantly available, or available at all;
- the information on this website is complete, true, accurate or non-misleading; or
- any part of the Site or hosting servers are free of viruses or other harmful components.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
The Site offers health, wellness, fitness and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult your physician or other health-care professional. You should not use this information to replace any medical advice nor should you disregard, avoid, or delay obtaining medical or health-related advice from your health-care professional due to something you may have read on this site. The use of any information provided on the Site is solely at your own risk.
Nothing on the Site or available through our services is intended to be, and must not be taken to be, the practice of medicine or counseling, or providing treatment, diagnosis, prognosis, or other medical advice.
We cannot and do not guarantee you will attain any particular result, health-wise or otherwise, through the use of the Site and you accept and understand that results are different for each individual. We expressly disclaim any responsibility for your choices, actions, results, use, misuse, or non-use of the information provided or obtained through the use of the Site. You agree that your results are strictly your responsibility and we are not liable or responsible in any manner for your results.
LIMITATIONS OF LIABILITY
We will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss;
- for any accidents, delays, injuries, damage, or death;
- for any physical or mental disease, condition or issue; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
RELEASE OF CLAIMS
In no event will we be liable to any party for any type of damages in relation to the use of or reliance on this website or on those affiliated with us in any way, and you hereby release us from any and all claims. These limitations of liability apply even if we have been expressly advised of a potential loss.
By using this website, you agree that the exclusions and limitations of liability set out in these terms and conditions are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Terri Ward, LLC has an interest in limiting the personal liability of its members, officers and employees. You agree that you will not bring any claim personally against Terri Ward, LLC’s members, officers or employees in respect of any losses you suffer in connection with the Site.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in these terms and conditions will protect Terri Ward LLC’s members, officers, employees, agents, contractors, joint venture partners, subsidiaries, successors, assignees and licensees as well as Terri Ward, LLC.
You hereby agree at all times to defend, indemnify, and hold harmless Terri Ward, LLC, as well as our members, officers, employees, agents, contractors, joint venture partners, subsidiaries, successors, assignees and licensees, from and against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
BREACHES OF THESE TERMS AND CONDITIONS
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
LAW AND JURISDICTION
These terms and conditions will be governed by and construed in accordance with the state of Oregon, and any disputes relating to these terms and conditions will be subject to binding arbitration in Washington County, Oregon.
If you have any questions about these terms and conditions, please contact us at email@example.com.