Terms and Conditions of Use

Last Updated: 01-02-16

Welcome to “www.janaimeyer.com” (our “Web Site”). This Web Site is owned and operated by Janai Meyer Nutrition & Lactation, LLC (collectively “Company”, “we”, “us”, or “our”). In addition to the Content (as defined below) on the Web Site, the Web Site provides you with various tools and resources (“Services”). BY USING OUR WEB SITE AND/OR THE SERVICES, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS AND CONDITIONS OF USE (“TERMS OF USE”) FOR THE WEB SITE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE WEB SITE AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF USE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR WEB SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS OF USE WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF USE WILL APPLY RETROACTIVELY.

1. Not for Emergencies. IN AN EMERGENCY, CALL 911 OR OTHER EMERGENCY NUMBER. DO NOT USE THE WEB SITE, OR THE SERVICES TO COMMUNICATE OR RECEIVE URGENT OR EMERGENCY MESSAGES.

2. Not Personalized Health Care Advice. The Services on this Web Site are general in nature and are provided for informational purposes only. The Web Site may not contain all information that may apply to your situation.

INFORMATION ON THE WEB SITE IS NOT MEDICAL ADVICE. The Services on this Web Site should not be deemed to be, or treated as, medical or health care advice, medical diagnosis, or medical treatment. You should not rely on tools and resources published on this Web Site as a substitute for professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health or medical condition, you always should consult with a physician or other health care professional. Never disregard, avoid, or delay obtaining medical or health care advice or assistance from your health care professional because of something you may have read on this Web Site.

THIS WEB SITE, AND THE SERVICES ON THIS WEB SITE, ARE NOT INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PRACTICE OF OTHER HEALTH CARE SERVICES BY COMPANY. YOUR USE OF THE WEB SITE, AND/OR THE SERVICES DOES NOT CREATE A PHYSICIAN/PATIENT, PROVIDER/PATIENT, CONFIDENTIAL, OR PRIVILEGED RELATIONSHIP, OR ANY OTHER RELATIONSHIP THAT WOULD GIVE RISE TO ANY DUTIES ON THE PART OF COMPANY.

3. Copyright and Ownership. All of the content featured or displayed on the Web Site, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (but excluding your personal information) (“Content”), is owned by Company, its licensors, vendors, agents, and/or its Content providers. All elements of the Web Site, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. The Services and the Web Site may be used only for the intended purpose for which such Web Site and Services are being made available. Except as may be otherwise indicated in specific documents within the Web Site, you are authorized to view, play, print, and download documents, audio, and video found on our Web Site for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or work contained on the Web Site. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Web Site. For purposes of these Terms of Use, the use of any such material on any other Web site or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Web Site and Services. The Web Site, the Content, and all related rights shall remain the exclusive property of Company or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark, or other proprietary notices from material found on the Web Site.

4. Trademarks. All trademarks, service marks, and trade names of Company used herein (including but not limited to: the Company name, the Company’s corporate logo, and the Company’s design) (collectively “Marks”) are trademarks or registered trademarks of Company or its affiliates, partners, vendors, or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Web Site, without Company’s prior written consent. The use of the Marks on any other Web site or network computer environment is not allowed. Company prohibits the use of the Marks as a “hot” link on or to any other Web site unless establishment of such a link is approved in advance.

5. User Submissions. The terms of this Section 5 apply with respect to your submissions of questions, comments, information, and content as permitted by the functionality of the Web Site for posting on the Web Site (“User Submissions”).

You understand that we do not guarantee any confidentiality with respect to any User Submissions. PLEASE CAREFULLY CONSIDER THE CONFIDENTIALITY IMPLICATIONS OF ANY SUBMISSIONS. When you submit content or information on the Web Site or to us, you are doing so voluntarily, and you are authorizing the use of such content and information pursuant to these Terms of Use. You shall be solely responsible for your own User Submissions and the consequences of submitting them. In connection with User Submissions, you affirm, represent, and/or warrant that you have the necessary rights and permissions to submit the User Submissions to the Web Site, without violating the privacy or other rights of any person.

6. Accuracy of Information. We attempt to ensure that information on this Web Site is complete, accurate, and current. Despite our efforts, the information on this Web Site occasionally may be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currency of any information on this Web Site.

7. Linking to this Web Site. Creating or maintaining any link from another Web site to any page on this Web Site without our prior written permission is prohibited. Running or displaying this Web Site or any information or material displayed on this Web Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rules, and regulations.

8. Third Party Links. From time to time, this Web Site may contain links to Web sites that are not owned, operated, or controlled by Company or its affiliates. All such links are provided solely as a convenience to you. If you use these links, then you will leave this Web Site. Neither we nor any of our respective affiliates are responsible for any content, materials, or other information located on or accessible from any other Web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other Web sites, or any content, materials, or other information located or accessible from any other Web sites, or the results that you may obtain from using any other Web sites. If you decide to access any other Web sites linked to or from this Web Site, then you do so entirely at your own risk. Further, one of the links on this Web site may be to Company’s patient portal; however, these Terms of Use do not apply to our patient portal.

9. Inappropriate Material. You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law, rule, or regulation. Such violations may subject the sender and his or her agents to civil and criminal penalties. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, then we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Web Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

10. Access and Interference. You agree that you will not use any robot, spider, scraper, or other automated means to access the Web Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Web Site or any activities conducted on the Web Site; or (iii) bypass any measures we may use to prevent or restrict access to the Web Site.

11. Force Majeure. Neither Company nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion, or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; or inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

12. DISCLAIMERS. YOUR USE OF THIS WEB SITE IS AT YOUR RISK. THE CONTENT, INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER COMPANY, NOR ANY OF ITS AFFILIATES, WARRANTS THE ACCURACY OR COMPLETENESS OF THE CONTENT, INFORMATION, MATERIALS, OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE CONTENT, INFORMATION, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER COMPANY, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH CONTENT, INFORMATION, MATERIALS, OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

13. LIMITATIONS OF LIABILITY. Company does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or your downloading of any information or materials from this Web Site. IN NO EVENT WILL COMPANY, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE CONTENT, MATERIALS, INFORMATION, OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, INFORMATION, MATERIALS OR SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED FIFTY DOLLARS ($50.00).

14. Indemnity. You agree to defend, indemnify and hold Company and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Web Site or the Internet or your placement or transmission of any message or information on this Web Site by you or your authorized users; (ii) your violation of any term of these Terms of Use, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights, or intellectual property rights; (iv) your violation of any law, rule, or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any User Submission that you provide to Company; or (vi) any other party’s access and use of the Web Site with your unique username, password, or other appropriate security code.

15. Termination. You or we may suspend or terminate your access to or use of this Web Site at any time, for any reason or for no reason. Additionally, we also may block your access to our Web Site in the event that (a) you breach these Terms of Use; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users, or us.

16. General. Any claim relating to, and the use of, this Web Site and the materials contained herein is governed by the laws of the State of Alaska. You consent to the exclusive jurisdiction of the state and federal courts located in Anchorage, Alaska. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

We do not guarantee continuous, uninterrupted, or secure access to our Web Site or Services, and operation of the Web Site may be interfered with by numerous factors outside of our control. If any provision of these Terms of Use is held to be invalid or unenforceable, then such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Use and all incorporated agreements may be automatically assigned by Company in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Sections 3 (Copyright and Ownership), 4 (Trademarks), 5 (User Submissions), 12 (Disclaimers), 13 (Limitations of Liability), 14 (Indemnity), 16 (General), and 17 (Entire Agreement) shall survive any termination or expiration of these Terms of Use.

17. Entire Agreement. These Terms of Use are the entire agreement between You and Company and supersede any prior understandings or agreements (written or oral).

18. Additional Assistance. If you do not understand any of the foregoing Terms of Use or if you have any questions or comments, we invite you to contact us by phone at 907-617.7306

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