Terms of Service

OVERVIEW

Welcome to NourishFirst! The terms "we", "us" and "our" refer to NourishFirst. NourishFirst operates this store and website at losewithnourishfirst.com, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). NourishFirst is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services. Please read them carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state of residence, and that you have given us consent to allow any of your minor dependents to use the Services on devices you own or manage.

To use the Services, including browsing our store or purchasing products, you may be asked to provide information such as your email address and billing and payment details. You represent and warrant that all information you provide is correct, current and complete, and that you have all rights necessary to provide it. You are solely responsible for the security of your account and all activity under it. You are also responsible for providing a valid email address, as all digital products are delivered electronically to the email address you provide at checkout.

SECTION 2 - OUR PRODUCTS

All products offered through the Services are digital products, including but not limited to ebooks, downloadable PDFs, and video content. No physical products will be shipped to you. We have made every effort to represent our products accurately. However, product previews, mockups, and images shown in our store are for illustrative purposes only, and the appearance of digital files may differ depending on your device, screen, and software. All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product and to limit quantities offered to any person or region.

Our products provide general educational information on nutrition and wellness. They are not medical advice and are not a substitute for professional medical advice, diagnosis, or treatment. Always consult your physician or another qualified health provider before beginning any nutrition or weight loss program, and before making any changes to prescribed medication. Never disregard professional medical advice or delay seeking it because of something you have read in our products or on the Services.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. NourishFirst reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until we confirm acceptance, and we must receive and process payment before an order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the email or billing address you provided.

All sales are final. Because our products are digital and delivered immediately upon purchase, all purchases are non-refundable, as set out in our Refund Policy. By completing a purchase, you expressly consent to immediate delivery of the digital content and acknowledge that you thereby lose any right of withdrawal or cancellation to the extent permitted by applicable law. You represent that your purchases are for your own personal use and not for commercial resale or redistribution.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed, as set out in your order confirmation email. Unless stated otherwise, posted prices do not include applicable taxes. From time to time we may offer promotions governed by their own terms; if those conflict with these Terms, the promotion terms govern.

You agree to provide current, complete and accurate payment and account information for all purchases. You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are authorized to use the payment method, and (iii) you will pay all charges incurred at the posted prices, including applicable taxes.

SECTION 5 - DIGITAL DELIVERY

All products are delivered electronically. After your payment is processed, you will receive access to your digital products via the email address provided at checkout or via a download link. Delivery is typically immediate, but we are not liable for delays caused by email providers, spam filters, incorrect email addresses provided by you, or events outside our control. If you do not receive your products, contact us at trynourishfirst@gmail.com and we will resend access. It is your responsibility to download and store your files. We do not guarantee that download links will remain available indefinitely.

SECTION 6 - INTELLECTUAL PROPERTY AND LICENSE

Our Services and products, including all trademarks, brands, text, images, graphics, ebooks, PDFs, product reviews, video, and audio, and the design and arrangement thereof, are owned by NourishFirst, its affiliates or licensors and are protected by U.S. and foreign intellectual property laws.

Upon purchase, you are granted a limited, non-exclusive, non-transferable license to access and use the digital products for your personal, non-commercial use only. You must not reproduce, distribute, share, resell, sublicense, modify, republish, upload, or transmit any product or material on the Services, in whole or in part, without our prior written consent. Sharing your files or download links with others is a violation of these Terms and may result in termination of your access without refund. NourishFirst's names, logos, and slogans are our trademarks and may not be used without our prior written permission. All other trademarks on the Services belong to their respective owners.

SECTION 7 - THIRD-PARTY LINKS

The Services may contain links to websites operated by third parties. We are not responsible for examining or evaluating the content or accuracy of third-party materials and are not liable for any harm related to your use of them. Please review any third party's policies before transacting with them, and direct any complaints about third-party products to that third party.

SECTION 8 - RELATIONSHIP WITH SHOPIFY

NourishFirst is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with NourishFirst. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and NourishFirst, including any injury, damage, or loss resulting from purchased products. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with NourishFirst.

SECTION 9 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. Because the Services are hosted by Shopify, Shopify also collects and processes information about your use of the Services to provide and improve them, and your information may be shared with Shopify and partners that may be located in other countries. Please review our Privacy Policy for details.

SECTION 10 - FEEDBACK

If you submit any ideas, suggestions, reviews, or other content ("Feedback"), you grant us a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute and display that Feedback in any medium for any purpose, including commercial use. You represent that you own or have all necessary rights to your Feedback, that you have disclosed any compensation or incentives received in connection with it, and that it complies with these Terms. We have no obligation to keep Feedback confidential, pay for it, or respond to it. We may remove any Feedback we determine, in our sole discretion, to be unlawful or objectionable. You are solely responsible for any Feedback you submit and its accuracy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information in the Services containing typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, or availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.

SECTION 12 - PROHIBITED USES

You may use the Services for lawful purposes only. You may not use the Services: for any unlawful or malicious purpose; to violate any laws or regulations; to infringe our or others' intellectual property; to share, distribute, or resell our digital products; to harass, abuse, or harm any person; to transmit false or misleading information; to send spam or unsolicited promotional material; to impersonate any person or entity; to upload viruses or malicious code; to collect or track others' personal information; or to interfere with or circumvent the security features of the Services. We reserve the right to suspend or terminate your access at any time, without notice, if we determine you have violated these Terms.

SECTION 13 - TERMINATION

We may terminate this agreement or your access to the Services at our sole discretion at any time without notice, and you will remain liable for all amounts due up to the date of termination. The sections covering Intellectual Property and License, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Governing Law, and Privacy will survive termination.

SECTION 14 - DISCLAIMER OF WARRANTIES

The information presented through the Services and in our products is made available for general educational and informational purposes only, and we do not warrant its accuracy, completeness, or usefulness. Any reliance you place on it is at your own risk. Individual results vary, and we make no guarantee of any specific outcome, including weight loss or blood pressure results. EXCEPT AS EXPRESSLY STATED BY NOURISHFIRST, THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.

SECTION 15 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL NOURISHFIRST, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR SERVICE PROVIDERS, OR THOSE OF SHOPIFY, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY.

SECTION 16 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless NourishFirst, Shopify, and our affiliates, partners, officers, directors, employees, agents, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, arising out of (1) your breach of these Terms, (2) your violation of any law or the rights of a third party, or (3) your use of the Services.

SECTION 17 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be severed without affecting the validity of the remaining provisions.

SECTION 18 - WAIVER; ENTIRE AGREEMENT

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right. These Terms, together with any policies posted on this site, constitute the entire agreement between you and us regarding your use of the Services, superseding any prior agreements.

SECTION 19 - ASSIGNMENT

You may not transfer or assign these Terms or any of your rights or obligations without our prior written consent, and any such attempt is void. We may transfer or assign these Terms and our rights and obligations without consent or notice to you.

SECTION 20 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws and courts of the jurisdiction where NourishFirst is headquartered. You and NourishFirst consent to venue and personal jurisdiction in such courts.

SECTION 21 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 22 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at trynourishfirst@gmail.com.