|The following rules govern the use by you of the Nourish website. The rules set forth herein apply to all materials, online communications and other information that is or becomes available on the Nourish website (collectively, “Information”). By signing on and using the Nourish website, you specifically agree to abide by these rules and any modifications therto.
Personal Uses Permitted
In connection with the use of the Nourish website, you shall abide by all applicable federal, state or local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement (“Applicable Law”). The Information available on the Nourish website may include intellectual property that is protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries (“Intellectual Property Laws”). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.
User’s Obligation to Abide by Applicable Law
The Nourish website is an online information exchange service for use by the general public. You shall not post, publish, transmit, reproduce, distribute or in any way use or exploit any Information for commercial purposes or otherwise use the Information in a manner that is inconsistent with these rules and regulations.
Disclosure of Online Communications
You are cautioned that any online communications may not be fully confidential. In addition, you should be aware that federal postal regulations do not protect electronic mail. You should be aware that some administrative personnel may, in the course of their regular duties, have access to communications for technical or operational purposes, and may also disclose any communications to the extent permitted or required by law.
Prohibition Against Rogue Programming
You shall not post, transmit or make available in any way through the Nourish website any software or other materials which contain a computer virus, trojan horse, timebomb, worm or other rogue programming (“Rogue Programming”). Any downloading of software or other materials or any other use of the Information on the Nourish website is at your risk, and you are advised to take adequate precautions to minimize any loss to your system caused by Rogue Programming, including use of anti-virus programs and proper backup of files.
Disclaimer of Warranties
The Nourish website is provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. Nourish does not warrant that any information is complete or accurate, that the Nourish website will be uninterrupted or error free or that any information is free of Rogue Programming.
Limitation of Damages
Under no circumstances, including negligence, shall Nourish be liable for any direct, indirect, incidental, special, punitive or consequential damages that may result from the use or inability to use the Nourish website, including without limitation use of or reliance on information available on the Nourish website, interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, nondelivery of information, disclosure of communications, or any other failure of performance.
Release and Indemnity
You hereby release and waive any and all claims and/or liability against Nourish arising from or in connection with your use of the Nourish website. You also agree to defend, indemnify and hold harmless, Nourish from and against, any and all claims or liability, including costs and attorneys fees, arising from or in connection with your use of the Nourish website or failure to abide by applicable law.
These rules may be modified from time to time and such modifications will be binding on you when placed online.