terms & conditions

agreement between user and eat confident:

The eatconfident.co website (the "Site") is comprised of various web pages operated by Eat Confident, LLC ("Eat Confident"). eatconfident.co is offered to you conditioned on your acceptance without modification of the terms, conditions, and noticed contained herein (the "Terms"). Your use of eatconfident.co constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Eatconfident.co is an e-commerce and information site. Eat Confident provides general nutrition advice, recommendations, and coaching and is not intended to diagnose, treat or cure disease or health conditions. Statements provided on the site have not been evaluated by the Food and Drug Administration and do not represent the views of the American Medical Association or the Academy of Nutrition and Dietetics. The views and opinions expressed are entirely those of Eat Confident, LLC, Stephanie Webb, MSHN, and Emily Fonnesbeck, RD.

Eat Confident provides general nutrition coaching and education through the use of free PDF guides, video series, podcasts, blog posts, and other marketing materials as owned by Eat Confident, LLC. Eat Confident also offers paid group coaching programs and digital downloads such as recipes and meal plans.

Privacy

Your use of eatconfident.co is subject to Eat Confident's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

You may visit eatconfident.co without giving away your personal information. You have the right to request access to the information collected about you by Eat Confident.

Some of the services offered by Eat Confident require registration and for you to provide us with personal data. In these situations, if you choose to withhold any personal data requested, it may not be possible for you to gain access to certain parts of the site or other programs created by Eat Confident or to get a response to your query.

electronic communications:

Visiting eatconfident.co or sending email to Eat Confident constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Eat Confident does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use eatconfident.co only with permission of a parent of guardian.

international privacy laws

If you are visiting eatconfident.co from outside the United States, please be aware that you are sending information (including personal data) to the United States where our servers are located. That information may then be transferred within the United States or back out of the United States to other countries outside of your country of residence, depending on the type of information and how it is stored by us. These countries (including the United States) may not have data protections laws as comprehensive or protective as those in your country of residence; however, our collection, storage, and use of your personal data will at all times continue to be governed by the Privacy Policy.

cancellation + refund policy:

We take your investment seriously, and we’d appreciate if you took our investment of time + resources into your success seriously, too. Please note that there are no refunds on Eat Confident Shop digital downloads due to the nature of digital downloads. Due to the nature of our group coaching programs and services (Eat Confident Collective), refunds will not be given unless otherwise specified in writing. Please email [email protected] for refunds and cancellations. Purchases of digital downloads and coaching programs are also non-transferrable - please do not share our work without our written permission.

links to 3rd party sites + services:

eatconfident.co may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Eat Confident, and Eat Confident is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes of updates to a Linked Site. Eat Confident is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Eat Confident of the site or any association with its operators.

Certain services made available via eatconfident.co are delivered by third part sites and organizations. By using any product, service or functionality origination from the eatconfident.co domain, you hereby acknowledge and consent that Eat Confident may share such information and data with any third party with whom Eat Confident has a contractual relationship to provide the requested product, service or functionality on behalf of eatconfident.co users and customers.

no unlawful or prohibited use/intellectual property

You are granted a non-exclusive, non-transferrable, revocable license to access and use eatconfident.co strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant Eat Confident that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Site.

All content included as a part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Eat Confident or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit and of the content, in whole or in part, found on the Site. Eat Confident content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of content without the express written permission of Eat Confident and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, experts or implied, to the intellectual property of Eat Confident or our licencors except as expressly authorized by these Terms.

use of communication services

The Site may contain bulletin board services, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Eat Confident has no obligation to monitor the Communication Services. However, Eat Confident reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Eat Confident reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Eat Confident reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Eat Confident's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Eat Confident does not control or endorse the content, messages or information found in any Communication Service and, therefore, Eat Confident specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Eat Confident spokespersons, and their views do not necessarily reflect those of Eat Confident.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

materials provided to eatconfident.co or posted on any Eat Confident web page

Eat Confident does not claim ownership of the materials you provide to eatconfident.co (including feedback and suggestions) or post, upload, input or submit to any Eat Confident Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Eat Confident, our affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of the Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein.

Eat Confident is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Eat Confident's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to  your Submission as described in this section including, without limitation, all the right necessary for you to provide, post, upload, input or submit the Submissions.

international users

The Service is controlled, operated and administered by Eat Confident from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Eat Confident Content accessed through eatconfident.co in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

indemnification

You agree to indemnify, defend and hold harmless Eat Confident, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's feeds) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Eat Confident reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Eat Confident in asserting any available defenses.

arbitration

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

class action waiver

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereto, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, processing or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a results of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

liability disclaimer

The information, software, products, and services included in or available through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Eat Confident, LLC and/or its suppliers may make improvements and/or changes in the Site at any time. 

Eat Confident, LLC and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the Site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided "as is" without warranty or condition of any kind. Eat Confident, LLC and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions or merchantability, fitness for a particular purpose, title and non-infringement. 

To the maximum extent permitted by applicable law, in no event shall Eat Confident, LLC and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of uses, data or profits, arising out of or in any way connected with the use or performance of the Site, with the delay or inability to use the Site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if Eat Confident, LLC or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Site. 

termination/access restriction

Eat Confident reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relation to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment or agency relationship exists between you and Eat Confident as a result of this agreement or use of the Site. Eat Confident's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Eat Confident's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Eat Confident with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Eat Confident with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Eat Confident with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

changes to terms

Eat Confident reserves the right, in its sole discretion, to change the Terms under which eatconfident.co is offered. The most current version of the Terms will supersede all previous versions. Eat Confident encourages you to periodically review the Terms to stay informed of our updates.

contact us

Eat Confident welcomes your questions or comments regarding the Terms. Please contact us at [email protected]

Effective as of Aug 1, 2018.

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