updated 08/20/2024
SHESNUTRITIONS
TERMS AND CONDITIONS
Effective:
September 1st, 2023
PLEASE TAKE
YOUR TIME AND FULLY READ SHESNUTRITIONS TERMS AND CONDITIONS CAREFULLY. THE
TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND
SHESNUTRITIONS LLC.
SECTION 12
OF THIS AGREEMENT
CONTAINS
PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE
RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY OR ALL CLAIMS THAT AROSE OR WERE ASSERTED
BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT.
IN PARTICULAR, SECTION 12 SETS
FORTH OUR ARBITRATION AGREEMENT:
(1) YOU WILL
NOT BE PERMITTED OR ALLOWED TO PURSUE CLAIMS AND OR SEEK RELEF AGAINST ME ON OR UNDER ANY CIRCUMSTANCES; AND (2) BY YOU AGREEING, YOU ARE WAIVING YOUR PERSONAL
RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON ANY OR ALL
CLAIMS.
PLEASE SEE SECTION 12 FOR MORE INFORMATION REGARDING THIS ARBITRATION
AGREEMENT.
1.PURPOSE
SHESNUTRITIONS
LLC (“SHES NUTRITIONS”, “SHE IS,” “SHE,” "I,"“WE,””US,”” OUR) PROVIDES A
PLATFORM WHICH OFFERS AN ECOMMERCE SHOP, VIRTUAL DIETARY ASSISTANCES, PROFESSIONAL CLEANING SERVICES, RESEACH, AND FREE RESOURCE LINKS, RECIPES, HEALTH AND WELLNESS INFORMATIONAL POST,
EDUCATIONAL COURSES, AND DIY (DO IT YOURSELF) VIDEOS, AND REAL-LIFE ESSENTIAL PRODUCTS AND ITEMS. BY PARTNERING WITH
SHESNUTRITIONS WEBSITE/MOBILE APPLICATION AND ANY OF THE INFORMATION, VIRTUAL SESSIONS, AND
SERVICES OFFERED THROUGH THE APPLICATION (“SERVICES”), YOU AGREE TO BE BOND BY
THIS AGREEMENT. THE SUCCESS OF THE SERVICES, HOWEVER, DEPENDS ON THE ADHERENCE
TO THE TERMS OF THIS AGREEMENT BY YOU AND OTHER USERS (COLLECTIVELY “YOU” “YOURSELF”
“YOUR,” OR “USERS”). WHILE SHESNUTRITIONS WILL DO OUR BEST TO ENFORCE THE TERMS OF THIS
AGREEMENT, WE CANNOT WARRANT OR REPRESENT THAT OTHER USERS WILL IN FACT ADHERE
TO THIS AGREEMENT AND CANNOT ACT AS INSURERS OR ACCEPT ANY LIABILITY FOR THEIR
OWN PERSONAL FAILUR TO DO SO.
2.
ELIGIBILITY
BY ACCESSING
OR USING SHESNUTRITIONS, AND THE SERVICES PROVIDED IN ANY WAY. CLICKING ON A LINK, OR BUTTON, OFFICIAL SOCIAL MEDIA, ACCOUNTS, VIRTUAL SESSIONS, LIVES, OR TAKING SIMILAR ACTION
TO SIGNIFY YOUR AFFIRMATIVE ACCEPTENCE OF THIS AGREEMENT, YOU HEREBY REPRESENT
THAT:
· YOU HAVE IN FACT FULLY READ, THE TERMS AND CONDITIONS PAGE CLEARLY AND UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT AS A PUBLISHED FROM TIME TO
TIME AT THIS LINK OR THROUGH SHESNUTRITIONS;
·
YOU
ARE THIRTEEN YEARS OF AGE OR OLDER;
·
YOU
HAVE THE AUTHORITY TO ENTER INTO THE AGREEMENT PERSONALLY. EXCEPT AS OTHERWISE
PROVIDED HEREIN, IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU MAY NOT
ACCESS, VIEW, USE, FOLLOW, OR OPENLY SPEAK ABOUT SHESNUTITIONS SERVICES, PRODUCTS, OR BRAND; AND
·
YOU
WILL COMPLY WITH ALL APPLICABLE LAWS, INCLUDING THOSE OF THE COUNTRY, STATE,
AND CITY IN WHICH YOU ARE PRESENT WHILE USING SHESNUTRITIONS SERVICES.
YOU WILL NOT COPY, OR DUPLICATE, OR MISUSE SHESNUTRITIONS, ITEMS, MESSAGES, OR SERVICES BUT SHARE, BUY, AND PROMOTE TO PROVIDE HEALTHY INFORMATION IN A POSITVE WAY.
3. ACCESS
·
ACCESS. BY
ENTERING INTO THIS AGREEMENT, YOU WILL BE GRANTED A REVOCABLE LICENSE TO ACCESS
THE SERVICES FREE OF COST. YOUR ACCESS PRIVILEGES, HOWEVER, ARE CONDITIONED ON
YOUR ADHERENCE TO THE TERMS OF THIS AGREEMENT. I RESERVE THE RIGHT TO
TEMPORARILY DENY YOU ACCESS TO THE SERVICES OR PERMANTENTLY TERMINATE YOUR
ACCESS PRIVILEGES AT ANY TIME IF IN OUR SOLE DISCRETION, YOU FAIL TO ABIDE BY
THE TERMS OF THIS AGREEMENT OR APPEAR TO US LIKELY TO DO SO. BY AGREEING TO
GRANT YOU ACCESS, WE DO NOT OBLIGATE OURSELVES TO DO SO OR TO MAINTAIN THE
SERVICES, OR TO MAINTAIN IT IN ITS PRESENT FORM, AND I EXPRESSLY RESERVE THE
RIGHT TO MODIFY, SUSPEND, OR TERMINATE YOUR ACCESS PRIVILEGES.
·
PROHIBITED USES: YOU CLEARLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT ANY ACCESS OR USE OF SHESNUTRITIONS, ITEMS, AND THE SERVICES PROVIDED SHALL ONLY BE FOR GOOD USE. HEALING, WELLNESS, AND YOUR OWN OVERALL PERSONAL POSITIVE GAIN OF KNOWLEDGE AND
NON-COMMERCIAL USE ONLY, AND THAT YOU WILL NOT COMMERCIALLY EXPLOIT, GOSSIP, ENVY, OR DISPLAY ANY LOW SELF-ESTEEM OR NEGATIVELY SPEAK ON ANY PORTION
OF SHESNUTRITIONS AND THE ITEMS OR SERVICES PROVIDED.
·
PRIVILLEGES NONTRANSFERABLE: YOUR ACCESS PRIVILAGES MAY NOT BE TRANSFERRED BY YOU TO ANY
THIRD PARTIES.
· VIRTUAL SECURITY: YOU AGREE NOT TO DISCLOSE TO ANYONE YOUR CONFIDENTIAL INFORMATION (SOCIAL SECURITY), PASSWORDS (IF YOU ARE TO CREATE ONE), AND AGREE TO NOTIFY US IMMEDIATELY IF THERE HAS BEEN A BREACH OF YOUR VIRTUAL SECURITY THAT AFFECTS SHESNUTRITIONS SERVICES.
4. ACCEPTABLE USE POLICY
BY USING SHESNUTRITIONS AND THE SERVICES PROVIDED, YOU AGREE THAT:
· YOU WILL ONLY USE THE SERVICES, PRODUCTS, AND INFORMATION FOR
LAWFUL PURPOSES ONLY, AND NOT FOR DECEPTIVE OR FRAUDULENT PURPOSES; YOU WILL
NOT SEND OR STORE ANY UNLAWFUL MATERIAL.
· YOU WILL NOT USE THE SERVICES TO
CAUSE NUISANCE, ANNOYANCE, OR INCONVENIENCE.
· YOU WILL NOT USE SHESNUTRITIONS, OR THE SERVICES, PRODUCTS, OR INFORMATION OR ANY
OF THE CONTENT ACCESSIBLE THROUGH THE SERVICES, FOR ANY COMMERCIAL PURPOSE,
INCLUDING BUT NOT LIMITED TO CONTACTING, ADVERTISING TO, SOLICITING, OR SELLING
TO, ANY ONLINE OR IN PERSON USERS.
· YOU WILL NOT VIOLATE THE PUBLICITY OR
PRIVACY RIGHTS OF ANOTHER INDIVIDUAL.
· YOU WILL NOT COPY OR DISTRIBUTE ANY
CONTENT DISPLAYED THROUGH SHESNUTRITIONS AND THE SERVICES.
· YOU WILL NOT CREATE OR COMPILE,
DIRECTLY, OR INDIRECTLY, ANY COLLECTION, COMPILATION, OR OTHER DIRECTORY FROM
ANY CONTENT DISPLAYED THROUGH THE SERVICES EXCPT FOR YOUR OWN PERSONAL,
NONCOMMERCIAL USE.
· THE INFORMATION YOU HAVE PROVIDED TO
ME OR OTHERWISE COMMUNICATE WITH ME THE ACCURATE INFORMATION.
· YOU WILL NOT USE SHESNUTRITIONS, THE SERVICES, PRODUCTS, OR INFORMATION IN ANY
WAY THAT COULD DAMAGE, DISABLE, OVERBURDEN, OR IMPAIR ANY OF THE SERVERS, FOLLOWERS, OR THE
NETWORKS CONNECTED TO ANY OF OUR SERVICES.
· YOU WILL NOT ATTEMPT TO GAIN UNAUTHORIZED
ACCESS TO ANY PART OF SHESNUTRITIONS, OR THE SERVICES AND/OR TO ANY SERVICE, ACCOUNT, RESOURCE,
COMPUTER SYSTEM, AND/OR NETWORK CONNECTED TO ANY OF THE SERVERS.
· YOU WILL NOT DEEP-LINK TO SHESNUTRITIONS, OR THE SERVICES
OR ACCESS THE SERVICES MANUALLY OR WITH ANY ROBOT, SPIDER, WEB CRAWLER,
EXTRACTION SOFTWARE, AUTOMATED PROCESS AND/OR DEVICE TO SCRAPE, COPY, OR
MONITOR ANY PORTION OF THE SERVICES OR ANY CONTENT ON THE SEVICES.
· YOU WILL REPORT ANY AND ALL ERRORS,
BUGS, UNAUTHORISED ACCESS, METHODOLOGIES, OR ANY BREACH OF OUR INTELLECTUAL
PROPERTY RIGHTS THAT YOU MAY UNCOVER IN YOUR USE OF SHESNUTRITIONS AND THE SERVICES.
· YOU WILL NOT IMPERSONATE ANOTHER
PERSON, YOU WILL NOT IMPERSONATE ANIESHA ARNETT, OR ACT AS ANOTHER ENTITY
WITHOUT THE AUTHORIZATION, YOU WILL NOT CREATE MULTIPLE ACCOUNTS OR FAKE ACCOUNTS, OR STALK SHESNUTRITIONS OR ANIESHA ARNETT.
YOU WILL NOT FASELY ACCUSE OR BLAME SHESNUTRITIONS OR ANIESHA ARNETT FOR ANY PERSONAL DAMAGE OR MISUSE OF INFORMATION PROVIDED ON OUR WEBSITE, PRODUCTS, SOCIAL MEDIAS, OR ANY ALL-OTHER PLATFORMS WHERE WE MAY BE VIEWED.
5. INFORMATION ON SHESNUTRITIONS SERVICES
SHESNUTRITIONS WILL ALWAYS USE OUR BEST EFFORTS TO ENSURE THE ACCURACY AND
COMPLETENESS OF INFORMATION PROVIDED ON SHESNUTRITIONS WEBSITE. SHESNUTRITIONS CANNOT GUARANTEE THE
ACCURACY, ADEQUACY, QUALITY, OR SUITABILITY OF ANY DATA ON SHESNUTRITIONS OR THE SERVICES AND
EXPRESSLY DISCLAIM LIABILITY FOR ERRORS AND OMISSIONS IN THE CONTENTS OF OUR
SERVICES. ANY USE OR RELIANCE ON ANY CONTENT OR MATERIALS POSTED VIA SHESNUTRITIONS AND THE
SERVICES OR OBTAINED BY YOU THROUGH THE SERVICES IS AT YOUR OWN PERSONAL RISK.
ANY LINK TO A WEBSITE OR PHONE NUMBER OWNED BY A THIRD PARTY DOES NOT
CONSTITUTE AN ENDORSEMENT, APPROVAL, ASSOCIATION, SPONSORSHIP, OR AFFILIATION
WITH THE LINKED SITE OR PHONE NUMBER.
6. INTELLECTUAL PROPERTY OWNERSHIP
I (AND MY LICENSORS), WHERE APPLICABLE SHALL OWN ALL RIGHTS, TITLE, AND
INTEREST, INCLUDING ALL RELATED INTELLECTUAL PROPERTY RIGHTS, IN AND TO SHESNUTRITIONS. THIS AGREEMENT IS NOT A SALE AND DOES NOT CONVEY TO YOU ANY RIGHTS OF
OWNERSHIP IN OR RELATED TO SHESNUTRITIONS OR THE SERVICES, OR ANY INTELLECTUAL PROPERTY RIGHTS
OWNED BY ME. MY NAME, BUSINESS NAME, LOGO, AND THE PRODUCTS NAMES ALL
ASSOCIATED WITH SHESNUTRITIONS ARE ALL MY OWN TRADEMARKS OR BELONG TO THIRD PARTIES, AND
NO RIGHT OR LICENSE IS GRANTED TO USE THEM. YOU AGREE THAT YOU WILL NOT REMOVE,
ALTER, OR OBSCURE ANY COPYRIGHT, TRADEMARK, SERVICE MARK, OR OTHER PROPRIETARY
RIGHTS NOTICE INCORPORATED IN OR ACCOMPANYING SHESNUTRITIONS AND THE SERVICES.
7. PRIVACY
I HAVE CAREFULLY CREATED AND ADOPTED A PRIVACY POLICY OUTLINING MY PERSONAL DATA
COLLECTION AND USE PRACTICES. PLEASE REFER TO IT FOR MORE DETAILS ABOUT HOW WE
COLLECT AND USE YOUR PERSONAL INFORMATION. BY AGREEING TO THE TERMS OF THIS
AGREEMENT, YOU ARE AUTO
MATICALLY AGREEING TO OUR PRIVACY POLICY WHICH IS INCORPORATED
HEREIN BY REFERENCE.
8.THIRD-PARTY INTERACTIONS
SHESNUTRITIONS MAY CONTAIN LINKS TO OR DISPLAY CONTENT ORIGINATING FROM
THIRD-PARTY WEBSITES AND ADVERTISEMENTS (COLLECTIVELY, “THIRD-PARTY WEBSITES
& ADVERTISEMENTS”) SUCH THIRD-PARTY WEBSITES & ADVERTISEMENTS ARE NOT
UNDER MY CONTROL. I AM NOT RESPONSIBLE FOR ANY THIRD-PARTY WEBSITES OR ANY
THIRD PARTY ADVERTISMENTS. I DO NOT REVIEW, APPROVE, MONITOR, ENDORSE, WARRANT,
OR MAKE ANY REPRESENTATIONS WITH RESPECT TO SUCH THIRD-PARTY WEBSITES &
ADVERTISEMENTS, OR THEIR PRODUCTS OR SERVICES. WHEN YOU CLICK ON A LINK TO A
THIRD-PARTY WEBSITE OR ADVERTISEMENT, I WILL NOT WARN YOU THAT YOU HAVE LEFT MY
SERVICES AND I WILL NOT WARN YOU THAT YOU ARE SUBJECT TO THE TERMS AND CONDITIONS
(INCLUDING PRIVACY POLICIES) OF ANOTHER WEBSITE OR DESTINATION. YOU USE ALL
LINKS IN THIRD-PARTY WEBSITES & ADVERTISEMENTS AT YOUR OWN PERSONAL RISK.
YOU SHOULD REVIEW APPLICABLE TERMS AND POLICIES, INCLUDING PRIVACY AND DATA
GATHERING PRACTICES OF ANY THIRD-PARTY WEBSITE, AND MAKE WHATEVER INVESTIGATION
YOU FEEL IS NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY TRANSACTION
WITH ANY THIRD-PARTY.
9. INDEMNIFICATION
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS TO SHESNUTRITIONS AND ITS OFFICERS,
DIRECTORS, EMPLOYEE, AGENT, AFFILIATES (EACH, AN “INDEMNIFIED PARTY”), FROM AND
AGAINST ANY LOSSES, CLAIMS, ACTIONS, COSTS, DAMAGES, PENALTIES, FINES, AND
EXPENSES, INCLUDING WITHOUT LIMITATION ATTORNEYS FEES AND EXPENSES, THAT MAY BE
INCURRED BY AN INDEMNIFIED PARTY ARISING OUT OF, RELATING TO OR RESULTING FROM
(A) YOUR MISUSE OF THE SERVICES; (B) YOUR VIOLATION OF THIS AGREEMENT; OR (C)
YOUR VIOLATION OF ANY APPLICABLE LAWS, RULES, OR REGULATIONS THROUGH OR RELATED
TO THE USE OF SHESNUTRITIONS OR THE SERVICES. IN THE EVENT OF ANY CLAIM, ALLEGATION, SUIT, OR
PROCEEDING ALLEGING ANY MATTER POTENTIALLY COVERED BY THE AGREEMENTS IN THIS
SECTION, YOU AGREE TO PAY FOR THE DEFENSE OF THE INDEMNIFIED PARTY, INCLUDING
REASONABLE COSTS AND ATTORNEYS' FEES INCURRED BY THE INDEMNIFIED PARTY. WE
RESERVE THE RIGHT, AT OUR 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 ME IN ASSERTING ANY AVAILABLE DEFENSES. THIS
PROVISION DOES NOT REQUIRE YOU TO BE INDEMNIFY ANY INDEMNIFIED PARTY FOR ANY
UNCONSCIONABLE COMMERCIAL PRACTICE BY SUCH PARTY, OR FOR SUCH PARTYS
NEGLIGENCE, FRAUD, DECEPTION, FALSE PROMISE, MISREPRESNTATION, OR CONCEALMENT,
SUPPRESSION OR OMISSION OF ANY MATERIAL FACT IN CONNECTION WITH THE SERVICES.
YOU AGREE THAT THE PROVISIONS IN THIS SECTION WILL SURVIVE ANY AND ALL
TERMINATION OF YOUR USEAGE, THIS AGREEMENT, OR YOUR ACCESS TO THE SERVICES.
1O. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW,
YOUR USE OF SHESNUTRITIONS AND THE SERVICES PROVIDED IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE
PERIODICALLY MADE TO SHESNUTRITIONS AND THE SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE
TO YOU. SHESNUTRITIONS AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. I MAKE NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR
TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH SHESNUTRITIONS AND THE SERVICES, OR THE TEXT,
GRAPHICS, OR LINKS.
I DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE
SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF SHESNUTRITIONS AND THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA,
WE SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.
11. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETER IN CONTRACT,
TORT, OR OTHERWISE) SHALL SHESNUTRITIONS BE LIABLE TO YOU OR ANY THIRD-PARTY
FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR
PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES, OR LOST BUSINESS, LOST
DATA OR DATA BREACH, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES, OR LIABILITIES
(INCLUDING ATTORNEYS FEES) IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE
TWO (2) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES
APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE
THE RISKS UNDER THE AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED
ON THESE LIMITATIONS IN DETERMINING WHETER TO ENTER INTO THIS AGREEMENT. SOME
STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. IN THESE STATES, OUR LIABILITY WILL BE
LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. I MAKE NO REPRENSENTATIONS OR WARRANTIES WITH
RESPECT TO SHESNUTRITIONS AND THE SERVICES, OR ALL OTHER ITEMS AND INFORMATION PROVIDED BY ME,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY ARISING BY USAGE OF TRADE,
COURSE OF DEALING OR COURSE OF PERFORMANCE, ANY IMPLIED WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY OF
NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT SHESNUTRITIONS (INCLUDING ALL SERVERS OR
OTHER HARDWARE, SOFTWARE, AND ANY OTHER ITEMS USED OR PROVIDED BY US IN
CONNECTION WITH THE SERVICES) ARE PROVIDED “AS IS” AND THAT I MAKE NO WARRANTY
THAT THE SERVICES WILL BE FREE FROM BUGS, FAULTS, DEFECTS, OR ERRORS THAT
ACCESS TO THE SERVICES WILL BE UNINTERRUPTED.
12. DISPUTE RESOLUTION
PLEASE READ AND CLEARLY UNDERSTAND THE FOLLOWING SECTON CAREFULLY. IT
REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN
SEEK RELIEF. THIS SECTION 12 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION
AGREEMENT.”
· SCOPE OF ARBITRATION AGREEMENT.YOU AGREE THAT ANY DISPUTE OR CLAIM
RELATING IN ANYWAY TO YOUR ACCESS OR USE OF THE SERVICES OR AS A CONSUMER OF MY
SERVICES, TO ANY ADVERTISING OR MARKETING COMMUNICATONS REGARDING ME OR MY
SERVICES, TO ANY PRODUCTS OR SERVICES SOLD OR DISTRIBUTED THROUGH THE SERVICES
THAT YOU RECEIVED AS A CONSUMER, OR TO ANY ASPECT OF YOUR RELATIONSHIP OR
TRANSACTIONS WITH ME AS A CONSUMER OF MY SERVICES WILL BE RESOLVED BY BINDING
ARBITRATION , RATHER THAN IN COURT, EXCEPT THAT (1) YOU MAY ASSERT CLAIMS IN
SMALL CLAIMS COURT IF YOUR CLAIMS
QUALIFY, SO LONG AS THE MATTER REMAINS IN SUCH COURT AND ADVANCES ONLY ON AN
INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS; AND (2) YOU OR SHESNUTRITIONS
MAY SEEK EQUITABLE RELIEF IN COURT FOR INFRINGEMENT OR OTHER MISUSE OF
INTELLECTUL PROPERTY RIGHTS (SUCH AS TRADEMARKS, TRADE DRESS, DOMAIN NAMES,
TRADE SECRETS, COPYRIGHTS, AND PATENTS.) THIS ARBITRATION AGREEMENT SHALL APPLY,
WITHOUT LIMITATION, TO ALL CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE
DATE OF THIS AGREEMENT.
IF YOU AGREE TO ARBITRATION WITH SHESNUTRITIONS, YOU ARE AGREEING IN
ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER
RELIEF IN ANY SUCH CLASS, COLLECTIVES, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD,
BY AGREEING TO THE ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST ME IN AN INDIVIDUAL
ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED
MONEY OR OTHER RELIEF BY AN ARBITRATOR.
·
INFORMAL RESOLUTION: YOU AND SHESNUTRITIONS AGREE THAT GOOD-FAITH INFORMAL EFFORTS
TO RESOLVE DISPUTES OFTEN CAN RESULT IN A PROMPT, LOW-COST, AND MUTUALLY
BENEFICIAL OUTCOME. YOU AND SHESNUTRITIONS THEREFORE AGREE THAT, BEFORE EITHER
YOU OR SHESNUTRITIONS DEMANDS ARBITRATION AGAINST THE OTHER, WE WILL PERSONALLY
MEET AND CONFER, VIA TELEPHONE OR VIDEOCONFERENCE, (ZOOM) IN A GOOD-FAITH
EFFORT TO RESOLVE INFORMALLY ANY OR ALL CLAIMS COVERED BY THIS MUTUAL
ARBITRATION AGREEMENT. IF YOU ARE REPRESENTED BY COUNSEL, YOUR COUNSEL MAY
PARTICIPATE IN THE CONFERENCE, BUT YOU SHALL ALSO FULLY PARTICIPATE IN THE
CONFERENCE. THE PARTY INITATING THE CLAIMS MUST GIVE NOTICE TO THE OTHER PARTY
IN WRITING OF ITS, HIS, OR HER INTENT TO INITIATE AN INFORMAL DISPUTE
RESOLUTION CONFERENCE, WHICH SHALL OCCUR WITH 60 DAYS AFTER THE OTHER PARTY
RECIEVES SUCH NOTICE, UNLESS AN EXTENSION IS MUTUALLY AGREED UPON BY THE PARTIES.
TO NOTIFY SHESNUTRITIONS THAT YOU INTEND TO INITIATE AN INFORMAL DISPUTERESOLUTION CONFERENCE, EMAILSHESNUTRITIONSCUSTOMER.SERVICE@GMAIL.COMPROVIDING YOUR USERNAME ASSOCIATED WITH YOUR SHESNUTRITIONS ACCOUNT (IF ANY),
THE EMAIL ADDRESS ASSOCIATED WITH YOUR SHESNUTRITIONS ACCOUNT (IF ANY), AND A DETAILED
DESCRIPTION OF YOUR CLAIM. IN INTERVAL BETWEEN THE PARTY RECEIVING SUCH NOTICE
AND THE INFORMAL DISPUTE RESOLUTION CONFERENCE, THE PARTIES SHALL BE FREE TO
ATTEMPT TO RESOLVE THE INITIATING PARTYS CLAIMS. ENGAGING IN AN INFORMAL
DISPUTE RESOLUTION CONFERENCE IS A REQUIREMENT THAT MUST BE FULFILLED BEFORE
COMMENCING ARBITRATION. THE STATUTE OF LIMITATIONS AND ANY FILING FEE DEADLINES
SHALL BE TOLLED WHILE THE PARTIES ENGAGE IN THE INFORMAL DISPUTE RESOLUTION
PROCESS REQUIRED BY THIS PARAGRAPH.
·
ARBITRATION RULES AND FORUM:
THIS ARBITRATION AGREEMENT GOVERNED BY THE FEDERAL ARBITRATION ACT IN ALL
RESPECTS. TO BEGIN AN ARBITRATION PROCEEDING, YOU MUST SEND AN EMAILED LETTER
REQUESTING ARBITRATION AND DESCRIBING YOUR CLAIM TO OUR OFFICIAL ONLINE OFFICE
EMAILSHESNUTRITIONSCUSTOMER.SERVICE@GMAIL.COM.
THE ARBITRATION WILL BE CONDUCTED BY JAMS UNDER ITS RULES AND PURSUANT TO THE
TERMS OF THIS AGREEMENT. DISPUTES INVOLVING CLAIMS AND COUNTERCLAIMS UNDER
$250,000, NOT INCLUSIVE OF ATTORNEYS FEES AND INTEREST, SHALL BE SUBJECT TO
JAMS MOST CURRENT VERSION OF THE STREAMLINED ARBITRATION RULES AND PROCEDURES
AVAILABLE ATWWW.JAMSADR.COM/RULES-STREAMLINED-ARBITRATION/;
ALL OTHER CLAIMS SHALL BE SUBJECT TO JAMS MOST CURRENT VERSION OF THE
COMPREHENSIVE ARBITRATION RULES AND PROCEDURES, AVAILABLE ATWWW.JAMSADR.COM(UNDER THE RULES/CLAUSES TAB)
OR BY CALLING JAMS AT 800 – 352-5267. PAYMENT OF ALL FILING, ADMINISTRATION,
AND ARBITRATION FEE WILL BE GOVERNED BY JAMS RULES. IF THE ARBITRATOR FINDS
THAT YOU CAN NOT AFFORD TO PAY JAMS FILING, ADMINISTRATIVE, HEARING AND/OR
OTHER FEES AND CANNOT OBTAIN A WAIVER OF FEES FROM JAMS, WE WILL PAY THEM FOR
YOU. IN ADDITON, WE WILL REIMBURSE ALL SUCH JAMS FILLINGSM ADMINISTRATIVE, HEARING
AND/OR OTHER FEES FOR CLAIMS WITH AN AMOUNT IN CONTROVERSY TOTALING LESS THAN
$10,000. IF JAMS IS NOT AVAILABLE TO ARBITRATE, THE PARTIES WILL SELECT AN ALTERNATIVE
ARBITRAL FORUM. YOU MAY CHOOSE TO HAVE THE ARBITRATION CONDUCTED BY TELEPHONE,
VIDEO CONFERENCE, BASED ON TYPED SUBMISSIONS, OR IN PERSON IN THE COUNTY WHERE
YOU LIVE OR AT ANOTHER MUTUALLY AGREED LOCATION.
·
ARBITRATOR POWERS THE ARBITRATOR, AND NOT ANY FEDERAL, STATE, OR LOCAL COURT OR AGENCY,
SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY OR ALL DISPUTES RELATING TO THE
INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THIS ARBITRATION
AGREEMENT INCLUDING, BUT NOT LIMITED TO ANY CLAIM THAT ALL OR ANY PART OF THIS
ARBITRATION AGREEMENT IS VIOD OR VIODABLE. THE ARBITRATION WILL OVERALL DECIDE
THE RIGHTS AND LIABILITIES, IF ANY OF YOU AND SHESNUTRITONS. THE ARBITRATION
PROCEEDING WILL NOT BE CONSOLIDATED WITH ANY OTHER MATTER OR JOINED WITH ANY
OTHER PROCEEDINGS OR PARTIES. THE ARBITRATOR WILL HAVE THE AUTHORITY TO GRANT MOTIONS DISPOSITIVE OF ALL OR PART OF ANY CLAIM OR DISPUTE. THE ARBITRATOR WILL HAVE
THE AUTHORITY TO AWARD MONETARY DAMAGES AND TO GRANT ANY NON-MONETARYREMEDY OR
RELEF AVAILABLE TO AN INDIVIDUAL UNDER APPLICABLE LAW, THE ARBITRAL FORUMS
RULES, AND THIS AGREEMENT (INCLUDING THIS ARBITRATION AGREEMENT). THE ARBITRATOR
WILL ISSUE A TYPED STATEMENT OF DECISION DESCRIBING THE ESSENTIAL FINDINGS AND
CONCLUSIONS ON WHICH ANY AWARD (OR DECISION NOT TO RENDER AN AWARD) IS BASED,
INCLUDING THE CALCULATION OF ANY DAMAGES AWARDED. THE ARBITRATOR SHALL FOLLOW
THE APPLICABLE LAW. THE ARBITRATOR HAS THE SAME AUTHORITY TO AWARD RELIEF ON AN
INDIVIDUAL BASIS THAT A JUDGE IN A COURT OF LAW WOULD HAVE. THE ARBITRATOR’S
DECISION IS FINAL AND BINDING ON YOU AND SHESNUTRITIONS.
· WAIVER OF JURY TRAIL. YOU AND SHESNUTRITIONS WAIVE ANY CONSTITUTIONAL AND STATUTORY
RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. YOU AND SHESNUTRITIONS
ARE INSTEAD ELECTING TO HAVE CLAIMS AND DISPUTES RESOLVED BY ARBITRATION, EXCEPT
AS SPECIFIED IN SECTION 12(A) ABOVE. THERE IS NO JUDGE OR JURY IN ARBITRATION,
AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
·
WAIVER OF CLASS OR CONSOLIDATED ACTION:
YOU AND SHESNUTRITIONS AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN
THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE
BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT
MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF
MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR
CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. IF, HOWEVER, THIS WAIVER
OF CLASS OR CONSOLIDATED ACTIONS IS DEEMED INVALID OR UNENFORCEABLE WITH
RESPECT TO A PARTICULAR CLAIM OR DISPUTE, NEITHER YOU NOR SHESNUTRITIONS IS
ENTITLED TO ARBITRATION OF SUCH CLAIMS AND DISPUTES WILL THEN BE RESOLVED IN A
COURT AS SET FORTH IN SECTION 13.
·
BATCH ARBITRATIONS: TO INCREASE EFFICIENCY OF RESOLUTION, IN THE EVENT 100 OR
MORE SIMILAR ARBITRATION DEMANDS AGAINST SHESNUTRITIONS, PRESENTED BY OR WITH
THE ASSISTANCE OF THE SAME LAW FIRM OR ORGANIZATION, ARE SUBMITTED TO AN ARBITRATION
PROVIDER SELECTED IN ACCORDANCE WITH THE RULES DESCRIBED ABOVE WITHIN A 30-DAY
PERIOD, THE ARBITRATION DEMANDS INTO BATCHES OF NO MORE THAN 100 DEMANDS PER
BATCH (PLUS, TO THE EXTENT THERE ARE LESS THAN 100 ARBITRATION DEMANDS LEFT
OVER AFTER THE BATCHING DESCRIBED ABOVE, A FINAL BATCH CONSISTING OF THE
REMAINING DEMANDS); AND (ii) PROVIDE FOR RESOLUTION OF EACH BATCH AS A SINGLE ARBITRATION
WITH ONE SET OF FILING AND ADMINISTRATIVE FEES AND ONE ARBITRATOR ASSIGNED PER
BATCH. YOU AGREE TO COOPERATE IN GOOD FAITH WITH SHESNUTRITIONS AND THE ARBITRATION
PROVIDER TO IMPLEMENT SUCH A BATCH APPORACH TO RESOLUTION AND FEES.
·
OPT OUT,
YOU MAY NOT CHOOSE TO OPT OUT OF THIS ARBITRATION AGREEMENT. IF YOU DO SO,
NEITHER YOU NOR SHESNUTRITIONS CAN FORCE THE OTHER TO ARBITRATE AS A RESULT OF
THIS AGREEMENT. TO OPT OUT, YOU MUST NOTIFY SHESNUTRITIONS A TYPED LETTER NO
LATER THAN 30 DAYS AFTER FIRST BECOMING SUBJECT TO THIS ARBITRATION AGREEMENT.
YOUR NOTICE MUST INCLUDE YOUR NAME AND ADDRESS, YOUR EMAIL ADDRESS (MUST HAVE
ONE), AND A CLEAR, UNDERSTANDABLE STATEMENT THAT YOU WANT TO OPT OUT OF THIS
ARBITRATION AGREEMENT. YOU MUST SEND YOUR OPT-OUT NOTICE TO:
SHESNUTRITIONS@GMAIL.COM
IF YOU OPT OUT OF THIS ARBITRATION AGREEMENT, ALL OTHER PARTS
OF THIS AGREEMENT WILL CONTINUE TO APPLY TO YOU. OPTING OUT OF THIS AGREEMENT
THAT YOU MAY HAVE ENTER INTO IN THE FUTURE WITH ME.
· NO EFFECT ON THE INDEPENDENT
CONTRACTOR OR EMPLOYMENT AGREEMENT. NOT WITH STANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT,
NOTHING IN THIS AGREEMENT SHALL SUPERSEDE, AMEND, OR MODIFY THE TERMS OF ANY SEPARATE
AGREEMENT(S) BETWEEN YOU AND SHESNUTRITIONS RELATING TO YOUR WORK AS AN
EMPLOYEE OR INDEPENDENT CONTRACTOR, INCLUDING WITHOUT LIMITATION, ANY
INDEPENDENT CONTRACTOR AGREEMENT GOVERNING YOUR SERVICES AS A CONTRACTOR.
· SURVIVAL: THIS ARBITRATION AGREEMENT WILL
SURVIVE ANY TERMINATION OF YOUR RELATIONSHIP WITH US.
· MODIFICATION: NOT WITHSTANDING ANY PROVISION IN
THE AGREEMENT TO THE CONTRARY, WE AGREE THAT IF WE MAKE ANY FUTURE MATERIAL
CHANGE TO THIS ARBITRATION AGREEMENT, IT
WILL NOT APPLY TO ANY INDIVIDUAL CLAIM(S) THAT YOU HAD ALREADY PROVIDED NOTICED
OF TO ME.
13.
EXCLUSIVE VENUE
TO THE EXTENT
THE PARTIES ARE PERMITTED UNDER THIS AGREEMENT TO INITIATE LITIGATION IN A
COURT, BOTH YOU AND SHESNUTRITIONS AGREE THAT ALL CLAIMS AND DISPUTES ARISING
OUT OF OR RELATING TO THE AGREEMENT WILL BE LITIGATED EXCLUSIVELY WITHIN THE
STATE OF FLORIDA FOR COURTS SITUATED IN BREVARD COUNTY, FLORIDA, OR IN FEDERAL
COURT FOR THE CENTRAL DISTRICT OF FLORIDA.
14. TERMINATION: AT OUR SOLE DISCRETION, WE MAY MODIFY OR DISCONTINUE THE SERVICES, OR MAY
MODIFY, SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, FOR ANY REASON, WITH OR
WITHOUT NOTICE TO YOU AND WITHOUT LIABILITY TO YOU OR ANY THIRD PARTY. IN ADDITION
TO SUSPENDING OR TERMINATING YOUR ACCESS TO THE SERVICES, I RESERVE THE RIGHT
TO TAKE APPROPRIATE LEGAL ACTIONS, INCLUDING WITHOUT LIMITATION PURSUING CIVIL,
CRIMINAL, OR INJUNCTIVE REDRESS. EVEN AFTER YOUR RIGHT TO USE THE SERVICES IS
TERMINATED THIS AGREEMENT WILL REMAIN ENFORCEABLE AGAINST YOU. ALL PROVISIONS
WHICH BY THEIR NATURE SHOULD SURVIVE THE TERMATION OF THIS AGREEMENT.
15.CONSENT FOR SMS/TEXTING IF YOU PROVIDE A MOBILE NUMBER, I MAY TEXT YOU INFORMATION
AS PART OF OUR SERVICES.WE DO NOT CHARGE TO SEND OR RECEIVE TEXT MESSAGES AS
PART OF OUR SERVICES. HOWEVER, MESSAGES AND DATA RATES MAY APPLY DEPENDING ON
YOUR WIRELESS CARRIER FOR APPLICABLE TEXT MESSAGING FEES. PLEASE BE SURE TO
CONSULT WITH YOUR WIRELESS CARRIER IF YOU HAVE ANY FUTHER QUESTIONS OR CONSERNS
REGARDING BEING CHARGED FOR TEXT. ONCE YOUR MOBILE DEVICE HAS BEEN ACTIVITATED,
YOU MAY REPLY STOP TO OPT OUT OF MY MESSAGING SERVICE OR CONTACT US AT SHESNUTRITIONS@GMAIL.COM MAY MODIFY OR TERMINATE OUR TEXT MESSAGING SERVICES FROM
TIME TO TIME, FOR ANY REASON AND WITHOUT NOTICE, INCLUDING THE RIGHT TO
TERMINATE TEXT MESSAGING WITH OUT NOTICE, WITHOUT LIABILITY TO YOU, ANYOTHER
USER OR A THIRD-PARTY. YOU AGREE TO PROVIDE A VALID CELL PHONE NUMBER FOR THESE
SERVICES. YOU FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD US HARMLESS FROM AND
AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY, COST AND EXPENSES (INCLUDING
REASONABLE ATTORNEYS FEE) ARISINGFROM (i) YOUR VIOLATION OF APPLICABLE FEDERAL,
STATE OR LOCAL LAW, REGULATION OR ORDINANCE. YOUR OBLIGATION UNDER THIS PARAGRAH
SHALL SURVIVE TERMINATION OF THE AGREEMENT.
16.GENERAL
· NO JOINT VENTURE OR PARTNERSHIP. NO JOINT VENTURE, PARTNERSHIP, EMPLOYMENT,
OR AGENCY RELATIONSHIP EXISTS BETWEEN YOU, SHESNUTRITIONS, OR ANY THIRD-PARTY
PROVIDER AS A RESULT OF THIS AGREEMENT OR USE OF THE SERVICES.
·
CHOICE OF LAW: THIS
AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF FLORIDA CONSISTENT WITH THE
FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE
FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION.
·
SEVERABILITY EXCEPT
AS OTHERWISE PROVIDED HEREIN, IF ANY PROVISION OF THIS AGREEMENT IS FOUND TO BE
INVALID, THE INVALIDITY OF SUCH PROVISION SHALL NOT AFFECT THE VALIDITY OF THE
REMAINING PROVISIONS OF THIS AGREEMENT, WHICH SHALL REMAIN IN FULL FORCE AND EFFECT.
·
ELECTRONIC COMMUNICATIONS: FOR CONTRACTUAL PURPOSES, YOU (1) CONSENT TO RECEIVE
COMMUNICATIONS FROM US IN AN ELECTRONIC FORM; AND (2) AGREE THAT ALL TERMS AND
CONDITIONS, AGREEMENTS, NOTICES, DISCLOSURES, AND OTHER COMMUNICATIONS THAT I
PROVIDE TO YOU ELECTRONICALLY SATISFY ANY LEGAL REQUIREMENTS THAT SUCH COMMUNICATIONS
WOULD SATISFY IF THEY WERE TYPED. THIS SUBPARAGRAPH DOES NOT AFFECT YOUR
STATUTORY RIGHTS.
·
ENTIRE AGREEMENT: THIS AGREEMENT IS THE FINAL, COMPLETE, AND EXCLUSIVE AGREEMENTOF THE
PARTIES WITH RESPECT TO THE SUBJECT MATTER HEROF AND SUPERSEDES AND MERGES ALL
PRIOR DISCUSSIONS BETWEEN THE PARTIES WITH RESPECT TO SUCH SUBJECT MATTER.
17. CONTACT
INFORMATION (EMAIL & PHONE)
(VDA) VIRTUAL DIETARY SERVICES SUPPORT:
VIRTUAL MEETINGS SUPPORT:
MS. ARNETT EMAIL:
HEALTHY EATING:
RETURN SUPPORT:
RESOURCE LIBRARY:
OFFICIAL TEXTNOW (TEXTABLE PHONE NUMBER):
(678)-590-5686
MAIN PHONE LINE (CALLS ONLY):
(678) 626-1658