Terms and Conditions
Terms of Use
Effective date: Nov 15, 2024
Welcome to Nourysh. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”), including, without limitation, any request to receive information about, or to purchase any of the products made available through our website(s) (each, a “Product”). Your purchase of any Products will also be governed by any other terms made available by us to you during the sales process. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:
Email: support@Nourysh.com
These Terms of Use (the “Terms”) are a binding contract between you and Nourysh, INC. (“Nourysh,” “we” and “us”). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy and any other accompanying terms and conditions of sale entered into between you and us for the sale of any Products. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.
Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, automatic renewals, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Will these Terms ever change?
We are constantly trying to improve our Products and Services, so these Terms may need to change along with our Products and Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at https://www.Nourysh.com, send you an email, and/or notify you by some other means.If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
Nourysh takes the privacy of its users very seriously. For the current Nourysh Privacy Policy, please click here.
Children’s Online Privacy Protection Act
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under thirteen (13). Although the Services are not geared towards children under thirteen (13), we may collect personally identifiable information from children under thirteen (13) that sign up for an account. We do not knowingly collect or solicit personally identifiable information from children under thirteen (13) without obtaining verifiable consent from that child’s parent or guardian (“Parental Consent”), except for the limited amount of personally identifiable information we need to collect in order to obtain Parental Consent (“Required Information”). Until we have received Parental Consent, we will only use Required Information for the purpose of obtaining Parental Consent. If you are a child under thirteen (13), please do not attempt to register for or otherwise use the Services or send any personal information about yourself to us before we obtain Parental Consent, except for the Required Information in the context of the Parental Consent process. If we learn we have collected personal information from a child under thirteen (13), we may seek Parental Consent as quickly as possible. If we do not receive Parental Consent within the applicable period, we may delete any personal information collected from a child under thirteen (13). If you believe that a child under thirteen (13) may have provided us with personal information (beyond the Required Information) without our obtaining Parental Consent, please contact us at support@Nourysh.com.
What are the basics of using Nourysh?
You may be required to sign up for an account, select a password and shop name (“Nourysh Shop ID”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Nourysh Shop ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services (each, a “Third Party Account”), such as those offered by Google and Facebook. By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account.You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services and Products you obtain for your own internal, personal, non-commercial use (other than as necessary to sell Artisan Goods (defined below) through the Services in accordance with these Terms), and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. You will comply with all laws that apply to you, your use of the Services, and your actions and omissions that relate to the Services (for example, Artisans (as defined below) must comply with all laws that relate to the Artisan Goods (as defined below), including all applicable federal, state or local rules or regulations pertaining to food preparation and sales). If your use of the Services or Products is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services or Products in a way that breaks the law.
You will not share your Nourysh Shop ID, account or password with anyone, and you must protect the security of your Nourysh Shop ID, account, password and any other access tools or credentials. You’re responsible for any activity associated with your Nourysh Shop ID and account.
Connecting Artisans and Customers
Nourysh connects cooks, bakers, chefs, food artisans and entrepreneurs providing certain goods (“Artisans”) and those looking to acquire those goods (“Customers”). When we use the word “you” in these Terms, it refers to any user, regardless of whether he or she is an Artisan or Customer, while if we use one of those specific terms, it only applies to that category of user.
Before receiving goods from any Artisan (“Artisan Goods”), Customers are responsible for making their own determinations that the Artisan Goods are suitable. For the purposes of this Agreement, references to Products includes Artisan Goods. Nourysh is only responsible for connecting Artisans and Customers, and can’t and won’t be responsible for making sure that Artisan Goods are up to a certain standard of quality. Nourysh similarly can’t and won’t be responsible for ensuring that information (including credentials) a Customer or Artisan provides about himself or herself or about the Artisan Goods he or she is offering is accurate or up-to-date. Nourysh will not certify that Artisans are licensed or that they are following applicable federal, state or local rules or regulations pertaining to food preparation and sales. We don’t control the actions of any Customer or Artisan, and Artisans aren’t our employees. Furthermore, Nourysh does not provide logistics or courier services, and Nourysh is not a logistics carrier, and is not responsible or liable for, and cannot guarantee, the availability or timeliness of deliveries of Artisan Goods.
An Artisan may provide a comprehensive list of ingredients contained in or otherwise used to prepare the Artisan Goods. Artisans may also display certain self-selected badges on their online shops, indicating certain characteristics about the Artisans, the Artisan Goods, or the Artisan’s workspace. Nourysh is not responsible for the accuracy of the information and labeling of Artisan Goods delivered to Customers or Artisan shops. Artisan Goods may also be prepared in facilities using the same equipment that is used to prepare products containing other allergens. An Artisan may represent certain standards with respect to their food preparation (or other services) such as “organic,” “kosher,” “macrobiotic” or allergen-specific standards such as “nut-free,” “gluten-free,” or “lactose-free”; Nourysh does not investigate or verify any such representations. Customers are responsible for instructing the Artisan of food allergy concerns, but Nourysh CANNOT GUARANTEE THAT YOUR ORDER WILL BE PREPARED AS REQUESTED. Nourysh shall not be liable for any illness, health problem, or other damages that may result from any order or consumption of any Artisan Goods purchased through the Services.
Nourysh does not directly offer the Artisan Goods. You hereby acknowledge that Nourysh does not supervise, direct, control or monitor the Artisan Goods and expressly disclaims any responsibility and liability for the Artisan Goods, including but not limited to any warranty or condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code. YOU ACKNOWLEDGE AND AGREE THAT Nourysh DOES NOT HAVE ANY OBLIGATION TO CONDUCT BACKGROUND, QUALITY OR FOOD SAFETY CHECKS OR MAKE OTHER INQUIRIES ABOUT ANY ARTISAN, BUT MAY DO SO IN ITS SOLE DISCRETION. YOU UNDERSTAND THAT Nourysh DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ARTISANS OR CUSTOMERS OR TO REVIEW OR VISIT ANY PREPARATION SITES FOR ARTISAN GOODS.What about messaging?
As part of the Services, you may receive communications through the Services, including messages that Nourysh or Artisans send you (for example, via email or SMS). When signing up for the Services, you will receive from Nourysh a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your wireless number, you confirm that you want Nourysh and applicable Artisans to send you information that we think may be of interest to you, which may include Nourysh or Artisans using automated dialing technology to text you at the wireless number you provided, and you agree to receive communications from Nourysh and applicable Artisans, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from Nourysh and applicable Artisans. You agree to indemnify and hold Nourysh and applicable Artisans harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing. Furthermore, each Artisan represents and warrants that it shall only send communications to Customers in compliance with applicable privacy laws, rules, and regulations (including obtaining additional consent from Customers where necessary to receive communications from such Artisan). Each Artisan agrees to indemnify and hold Nourysh harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
Are there restrictions in how I can use the Services?
You represent, warrant, and agree that you will not provide or contribute anything, including any Products, Content or User Submission (as those terms are defined below), to the Services, or otherwise use or interact with the Services, in a manner that:
infringes or violates the intellectual property rights or any other rights of anyone else (including Nourysh);
violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws, food safety laws or regulations, or any other purpose not reasonably intended by Nourysh;
is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
jeopardizes the security of your Nourysh Shop ID, account or anyone else’s (such as allowing someone else to log in to the Services as you);
attempts, in any manner, to obtain the password, account, or other security information from any other user;
violates the security of any computer network, or cracks any passwords or security encryption codes;
runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
“crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
copies or stores any significant portion of the Content;
decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Products or Services; OR
as an Artisan, submit any Artisan Goods with a false or misleading price, ingredient, nutrition or food preparation information, or submit any Artisan Goods with any commitments, including prices, that you do not intend to honor.A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
Are there any terms specific to me as an Artisan?
No Artisan may collect any information from or relating to Customers (“Customer Information”), whether via the Services, in the course of offering Artisan Goods, or otherwise, beyond what is necessary to offer the Artisan Goods for the applicable Customer from or about whom such Customer Information was collected. Artisans also must not use any Customer Information beyond what is necessary to offer the Artisan Goods for such applicable Customer. Artisans must collect, use, maintain, and transmit all Customer Information in compliance with all applicable laws. Artisan shall thoroughly research and follow all applicable rules, regulations and guidelines with respect to food safety and food sales in Artisan’s locality.
Artisans should understand how cottage food and food safety laws work in their locality. Some cities have laws that require cooks to obtain permits or licenses to sell food or restrict the ability to serve food that has not been prepared in a commercial kitchen. Your right to access and use the Services is revoked where these Terms or use of the Services is prohibited or to the extent offering, sale or provision of the Services or your participation therewith conflicts with any applicable law, rule or regulation.
All Artisans are urged to outline shop policies (e.g. shipping, returns, payment and selling policies) for providing their Artisan Goods. Artisans are responsible for the creation of Artisan Goods, and all aspects of the transactions between you and Customer(s). This includes, but is not limited to, the description of Artisan Goods, authorizing the charge to the Customer in respect of the Customer’s purchase, taxes, refunds, returns, shipping and fulfilling any sales or Customer service, fraudulent transactions, regulatory compliance, and alleged or actual violation of applicable laws. All sales to Customers are binding. Artisan is obligated to ship the order or otherwise complete the transaction with the Customer in a prompt manner, unless there is an exceptional circumstance, such as the Customer fails to meet the terms of the Artisan’s listing.
Nourysh does not maintain insurance for liabilities that may arise from your use of the Service as either an Artisan or Customer. If you are an Artisan, we recommend that you obtain appropriate insurance to cover the operation of your food facility and the preparation and delivery of Artisan Goods, which may include cottage food law insurance or other applicable coverages.
What are my rights in the Services?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (as defined below), Products, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content or Products you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content or Products not owned by you, (i) without the prior consent of the owner of that Content or Products or (ii) in a way that violates someone else’s (including Nourysh's) rights.
Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that Nourysh owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.
What about anything I contribute to the Services – do I have to grant any licenses to Nourysh or to other users?User Submissions
Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission”. Some User Submissions may be viewable by other users. You are solely responsible for all User Submissions you contribute to the Services. You represent that all User Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.
You agree that you will not post, upload, share, store, or otherwise provide through the Services any User Submissions that: (i) infringe any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group; (iv) exploit minors; (v) depict unlawful acts or extreme violence; (vi) depict animal cruelty or extreme violence towards animals; (vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (viii) that violate any law.
Licenses
In order to display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Submissions (see below for more information). Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.
For all User Submissions, you hereby grant Nourysh a license to translate, modify (for technical purposes, for example, making sure your content is viewable on a mobile device as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you store a User Submission in your own personal Nourysh account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant Nourysh the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.
If you share a User Submission in a manner that only certain specified users can view (for example, a private message to one or more other users) (a “Limited Audience User Submission”), then you grant Nourysh the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant Nourysh the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Nourysh users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services and/or otherwise in connection with Nourysh’s business. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide, provided that when you delete your Nourysh account, we will stop displaying your User Submissions (other than Public User Submissions, which may remain fully available) to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from Nourysh’s records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.
Certain features of the Services allow you to share information with others, including through your social networks or other Third Party Accounts. When Content is authorized for sharing, we will clearly identify the Content you are authorized to redistribute and the ways you may redistribute it, usually by providing a “share” button on or near the Content. If you share information from the Services with others through your Third Party Accounts, such as your social networks, you authorize Nourysh to share that information with the applicable Third Party Account provider. Please review the policies of any Third Party Account providers you share information with or through for additional information about how they may use your information. If you redistribute Content, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request.
Finally, you understand and agree that Nourysh, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
What if I see something on the Services that infringes my copyright?
In accordance with the DMCA, we’ve adopted the following policy toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements.
If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Nourysh's Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, email address;
A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:
remove or disable access to the infringing material;
notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
terminate such content provider's access to the Services if he or she is a repeat offender.
Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
A physical or electronic signature of the content provider;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
Content provider's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider's address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Company may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company's discretion.
Please contact Nourysh's Designated Agent at the following address:
Nourysh, Inc.
Attn: DMCA Designated Agent
830 Massachusetts Ave
Suite 1500 Floor 4,
Indianapolis, IN 46204
Who is responsible for what I see and do on the Services?
Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content and Artisan Goods you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
The Services may contain links or connections to third-party websites or services that are not owned or controlled by Nourysh. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that Nourysh is not responsible for such risks.
Nourysh has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Nourysh will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
Nourysh is not affiliated with or endorsed by any Artisan or service made available through the Service. Beyond its capacity as an e-commerce platform, we are not involved in any transaction between Artisans and Customers, and we do not act as an Artisan with respect to any transactions. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of Artisan Goods, or other goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Nourysh shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site or Services (including without limitation between Artisans and Customers), or between users and any third party, you agree that Nourysh is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Nourysh, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Will Nourysh ever change the Services?
We’re always trying to improve our Products and Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. We reserve the right to remove any Content or Product from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content or Product in violation of these Terms), in our sole discretion, and without notice.
Do the Services cost anything?
The Services may be free or we may charge a fee for using the Services. If you are using a free version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. Note that if you elect to receive text messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services.
Paid Services.
Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please see our Paid Servicespage for a description of the current Paid Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.
Artisan Goods.
Artisan Goods are offered at the prices set forth on each Artisan’s website or webpage, and you may choose to purchase Artisan Goods through the https://shop.Nourysh.me website. Nourysh or an Artisan may limit or cancel quantities of Artisan Goods purchased, and each reserves the right to refuse any order. In the event Nourysh needs to make a change to an order, it or the Artisan will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made. The prices displayed are quoted in U.S. currency and are valid only in the United States. Prices are subject to change at any time. Artisan shall be responsible for shipping purchased Artisan Goods, which will be shipped to the shipping address of the order.
Taxes.
Paid Subscriptions: Fees for the Paid Services (including Paid Subscriptions) do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, “Taxes”). Artisan is responsible for paying all Taxes associated with the Paid Services. If Nourysh is deemed to have the legal obligation to pay or collect Taxes in connection with the Paid Services (including Paid Subscriptions), the appropriate amount shall be automatically invoiced to and paid by Artisan, unless Artisan provides Nourysh with a valid tax exemption certificate authorized by the appropriate taxing authority.
Artisan Goods: Each Artisan is solely responsible for determining, collecting, withholding, reporting, and remitting applicable Taxes, duties, fees, surcharges and additional charges that arise from or as a result of any sale of Artisan Goods, any other sale on such Artisan’s website or webpage, or from such Artisan’s use of the Services. Any contract of sale made through the Services is directly between the Artisan and the Customer.
Billing.
We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. Currently, we use Stripe, Inc. as our Payment Processor. You can access Stripe’s Terms of Service at https://stripe.com/us/checkout/legal and their Privacy Policy at https://stripe.com/us/privacy. Some payment processing services made available through the Services to Artisans are also subject to the Stripe Connected Account Agreement at https://stripe.com/legal/connect-account. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to purchase Artisan Goods and Paid Services or other Products, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any such Products, Services, and Artisan Goods in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
Payment Method.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Recurring Billing.
Some of the Products, Artisan Goods, or Services may be sold as a subscription, consisting of an initial period for which there is a one-time charge, followed by recurring period charges as agreed to by you (“Paid Subscription”). By choosing a Paid Subscription, you acknowledge that such Services, Products, or Artisan Goods (as applicable) have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO ACCOUNT SETTINGS.
Current Information Required.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR SHOP NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT ACCOUNT SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SUBSCRIPTIONS UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SUBSCRIPTIONS AS SET FORTH ABOVE.
Change in Amount Authorized.
If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges, including during or at the end of each billing cycle.
Auto-Renewal for Paid Subscriptions.
Unless you opt out of auto-renewal, which can be done through your account settings, any Paid Subscription(s) you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Paid Subscription(s) at any time, go to account settings. If you terminate a Paid Subscription, you may use your subscription until the end of your then-current term, and your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR ACCOUNT SETTINGS OR TERMINATE YOUR Nourysh ACCOUNT BEFORE THE END OF THE RECURRING TERM. PAID SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, Nourysh WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID.
Reaffirmation of Authorization.
Your non-termination or continued use of a Paid Subscription reaffirms that we are authorized to charge your Payment Method for that Paid Subscription. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Subscription.
Free Trials and Other Promotions.
Any free trial or other promotion that provides access to free Products or free Paid Subscriptions must be used within the specified time of the trial. You must stop using a Paid Subscription before the end of the trial period in order to avoid being charged for that Paid Subscription. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Subscription, please contact us at support@Nourysh.com.Domain Registration
Nourysh may provide certain domain name registration services, made available via Tucows Domains Inc. (the “Registrar”). By using the domain registration services, you acknowledge and agree to the Master Domain Registration Agreement, available at https://www.Nourysh.me/master-domain-registration-agreement (the “Domain Registration Agreement”). You further acknowledge and agree that the Domain Registration Agreement may be amended at any time by us or the Registrar. We are not responsible for and shall not be liable for the services provided by the Registrar. What if I want to stop using the Services?
You’re free to do that at any time by contacting us at support@Nourysh.com; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.Nourysh is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. Nourysh has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms; for example, a Customer who believes that an Artisan may be in breach of these Terms is not able to enforce these Terms against that Artisan.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
If you have deleted your account by mistake, contact us immediately at support@Nourysh.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
Can I refer other users?
From time to time, Nourysh may offer rewards or incentives for referring others to the Services. For details and additional terms and conditions of any current referral offers, please see our referral page. The referring user (“Referrer”) may refer individuals or entities who are neither current customers of Nourysh nor registered users of the Services (“Referee”). A registered user is a person or entity that already has an existing account with Nourysh. There is no limit to the number of referrals that Referrer can make, nor the cumulative rewards or incentives that the Referrer may receive through such special offer, unless otherwise indicated. Referrer will receive the stated reward or incentive for each Referee sent by the Referrer that completes the required action described in that specific offer (such as signing up for an account or making a purchase). All Referees must be first-time recipients of the offer, and multiple referrals to the same individual or entity will be disregarded. Nourysh reserves the right to modify or terminate any special offers at any time and to revoke from Referrer and Referee the special offer at Nourysh's discretion for any reason or for no reason whatsoever. If Nourysh determines that Referrer or Referee is attempting to obtain unfair advantage or otherwise violate the terms or spirit of such special offer, Nourysh reserves the right to (a) revoke any rewards or incentives issued to either Referrer or Referee and/or (b) charge the Referrer or Referee for any rewards or incentives (1) used by Referrer or Referee prior to such revocation or (2) issued by Nourysh to any ineligible Referrer or Referee. All special offers are subject to any other terms, conditions and restrictions set forth on the Services or presented in connection with the special offer.
What else do I need to know?
Warranty Disclaimer.
Nourysh and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Nourysh and all such parties together, the “Nourysh Parties”) make no representations or warranties concerning the Services or Products, including without limitation regarding any Content contained in or accessed through the Services or any Products, and the Nourysh Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The Nourysh Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services including, without limitation, any Products. PRODUCTS AND SERVICES PURCHASED OR OFFERED (WHETHER OR NOT FOLLOWING SUCH RECOMMENDATIONS AND SUGGESTIONS) THROUGH THE SERVICES ARE PROVIDED “AS-IS” AND WITHOUT ANY WARRANTY OF ANY KIND FROM THE Nourysh PARTIES OR OTHERS (UNLESS, WITH RESPECT TO SUCH OTHERS ONLY, PROVIDED EXPRESSLY AND UNAMBIGUOUSLY IN WRITING BY A DESIGNATED THIRD PARTY FOR A SPECIFIC PRODUCT), AND THE Nourysh PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, CONTENTS, QUALITY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, INGREDIENTS, MATERIALS, SAFETY, OR PACKAGING CONTAINED IN OR RELATED TO ANY ARTISAN GOODS. THE Nourysh PARTIES ARE NOT RESPONSIBLE FOR ANY DAMAGE OR HARM RESULTING FROM YOUR INTERACTIONS WITH THE PREPARATION OR CONSUMPTION OF ARTISAN GOODS, WHETHER ARISING FROM FOOD-BORNE ILLNESSES, ALLERGENS, OR ANY OTHER CAUSE, AND YOU HEREBY RELEASE THE Nourysh PARTIES FROM ANY LIABILITY RELATED THERETO. THE SERVICES AND CONTENT ARE PROVIDED BY Nourysh (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE Nourysh PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO Nourysh IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity.
You agree to indemnify and hold the Nourysh Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) your use of the Services (including without limitation any actions taken by a third party using your account) and any Products, (b) your provision and/or purchasing of Artisan Goods, and (c) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we may attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Nourysh's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law.
These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof.
Arbitration Agreement.
Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Nourysh and limits the manner in which you can seek relief from Nourysh. Both you and Nourysh acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Nourysh's officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in New Castle County, Delaware. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. Nourysh will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Nourysh will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(c) Small Claims Court; Infringement. Either you or Nourysh may assert claims, if they qualify, in small claims court in New Castle County, Delaware or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
(d) Waiver of Jury Trial. YOU AND Nourysh WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Nourysh are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Nourysh over whether to vacate or enforce an arbitration award, YOU AND Nourysh WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED 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, neither you nor Nourysh is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 830 Massachusetts Avenue, Suite 1500 Floor 4, Indianapolis, IN 46204 postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.
(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Nourysh to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Nourysh agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, New Castle County, Delaware, or the federal district in which that county falls.
(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Nourysh.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Nourysh may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Nourysh agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Nourysh, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Nourysh, and you do not have any authority of any kind to bind Nourysh in any respect whatsoever.
Except as expressly set forth in the section above regarding the arbitration agreement, you and Nourysh agree there are no third-party beneficiaries intended under these Terms.
