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Terms & Conditions, Privacy, Disclosure and Disclaimer

 These Terms and Conditions govern your use of this website. By  accessing, downloading or otherwise using the website, programs,  services of products of Erin Mann in any way or for any reason  (“Use”), you implicitly agree and accept to our full Disclaimer, these  Terms and Conditions and the Privacy Policy in full and without  reservation, all as set forth below. If you disagree with these Terms  and Conditions, Privacy Policy or any part of same, you must not use  this website.

You must be at the 18 (eighteen) years of age to use this website. By  using this website and by agreeing to these Terms and Conditions and  Privacy Policy, you warrant and represent that you are at least 18 years  of age.

Terms and Conditions

Program Use, Services and Consent

These Programs (nutrition, fitness, personal development or other)  and Services (nutrition and fitness) are owned and operated by Erin Mann. These Programs and Services have been developed or obtained by me through the investment of significant time, effort and expense, and  this information is a valuable, special and unique asset of mine, which  needs to be protected from improper and unauthorized use.

Use constitutes your agreement to be bound by these Terms and  Conditions, whether or not you have read them. We reserve the right to  change these Terms and Conditions from time to time and your continuing  use will constitute your agreement to be bound by any and all such  changes. If at any time you do not agree with these Terms, please do not use the Program.

I try to ensure that Program and Service availability is  uninterrupted and that my website, private Facebook group page and email communications will be error-free. However, I cannot guarantee that your access will not be suspended or restricted from time to time,  including to allow for repairs, maintenance or the introduction of new  facilities or services.

Although every effort is made to ensure the accuracy of published  information on or through these Programs and Services, the Programs and  Services may inadvertently contain inaccuracies or typographical errors.  We are not responsible for the views, opinions, or accuracy of facts  referenced in the Programs, or in any of our programs, services,  courses, classes, or materials. Information may be changed or updated  without notice. We assume no responsibility for errors or omissions in  the Programs or Services or in documents referenced by, or linked to,  the Programs or Services.

These Programs and Services are intended solely for users who are  eighteen (18) years of age or older. Any registration by, use of, or  access to the Programs, Services or website by anyone under 18 is  unauthorized, unlicensed and in violation of these Terms and Conditions.  By accessing or using these Programs, Services or our website, you  represent and warrant that you are 18 years or older and that you agree  to and to abide by all of our Terms and Conditions.

My Limited License to You. These Programs and  Services and all the materials available through it are the property of  the Company and/or our affiliates or licensors, and are protected by  copyright, trademark, and other intellectual property laws.

The content, layout, design, data, databases and graphics in these  Programs and Services are protected by intellectual property  laws. Content is solely owned by Erin Mann, unless otherwise indicated.

If you purchase or access any materials through these Programs and  Services, you will be considered our Licensee, with a revocable,  non-transferable license for limited commercial use only, limited to you  only, to be used only in accordance with the Disclaimer, the Terms and  Conditions, and the Privacy Policy.

When you purchase a Program or Service, you are purchasing  the limited right to use select Program or Service material in the form  that is provided by the Company and its team. You are not permitted to:

  • Apply your own logo and branded look to the Program or Service  materials and nor offer the materials for sale to your clients through  your own business; and
  • Add your own original content, edit, and/or change the Program or Service materials to reflect your brand.

 You MAY NOT share any Program or Service materials with  other health coaches, wellness professionals, team members, personal clients and/or colleagues of any kind. In the event you share the  purchased Program or Service, including any and all related materials,  with a personal client, business affiliate, or similar you will be in  violation of these Terms and Conditions.

You may only use the information that is expressly provided  to you by the Company through the Program or Service that you purchase.

You are prohibited from copying, editing or using any  information produced by the Company describing, promoting or marketing  any of its Programs or Services contained on any sales page, website page, e-mail, video, or any other correspondence belonging to the  Company.

You are prohibited from using, copying, modifying or  otherwise misappropriating any photos, collages, banners, text,  descriptions and/or any other information owned and developed by the  Company and available to you through any sales page, website page,  e-mail, video, or any other correspondence you may receive, or  otherwise.

If you are in doubt about what you can and cannot use, please contact thenourishedfern@gmail.com

The trademarks and logos, which are displayed on the Program and  Service materials, are trademarks belonging to Erin Mann. Any use of Erin Mann's personal website trademarks and names of programs including  framing, meta tags or other text utilizing these trademarks, or other  trademarks displayed, is strictly prohibited without our express written  permission.

Information You Are Prohibited from Sharing with Others.

You are forbidden from doing the following:

(1) You may not duplicate, share, or sell any information obtained in or through our Programs and Services with clients, health  coaches or holistic practitioners for their personal, commercial or  business use, whether or not it was known to you at the time that their  intention was to use the Program or Service in their own health coaching  business.

Unless otherwise explicitly authorized in these Terms and Conditions,  you may not, for commercial use or in a way that earns money, modify,  copy, reproduce, republish, upload, post, transmit, translate, sell,  create derivative works, exploit, or distribute in any manner or medium  (including by email or other electronic means) any material purchased  through the Programs or Services, private Facebook group page, audio or  video recording, or teleseminar call to any other health coach or holistic practitioner.

(2) You may not use any Done For You Program or Service materials in any way, including but not limited to, publishing a book  through a publishing company or self publishing, and/or online through  kindle, amazon.com, nook, etc.  

Downloading, printing, or otherwise using the material from this  Program or Service does not give you any copyright or ownership rights  of that material contained in the Program.

All rights not expressly granted in these terms or any express written license, are reserved by us.

Obtaining Permission To Use Our Intellectual Property

Any request for permission to use our content, images, or other  information obtained from or through the Programs or Services, or any  other intellectual property, should be made using the “Contact Us” form  on the website of Erin Mann, or by sending an e-mail to thenourishedfern@gmail.com

Under no circumstance can you use the images of the Company, including but not limited to those at www.thenourishedfern.com or www.raisingtinyhealthyhumans.com or copy the names of her personal programs. 

Security

I cannot completely ensure or warrant the security of any  information transmitted to us or through our services. Submitting  information is done at your own risk.

I have security measures in place to prevent the loss, misuse, and  alteration of the information that is obtained from you, but we make no  assurances about our ability to prevent any such loss or, misuse, to you  or to any third party

Disclaimer

You agree to our full Disclaimer provided under the “Website Disclaimer” page.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE  PROGRAMS AND SERVICES AND BY US AND ANY THIRD-PARTY WEBSITES ARE  PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR  IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,  WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT  LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A  PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE  PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE,  THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING  BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF  VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR  THE RESULTS OF THE USE OF THE PROGRAM MATERIALS OR WITH REGARD TO  THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY,  TIMELINESS, RELIABILITY OR OTHERWISE.

You agree at all times to defend, indemnify and hold harmless  Company, its affiliates, their successors, transferees, assignees and  licensees and their respective parent and subsidiary companies, agents,  associates, officers, directors, shareholders, employees, and agents of  each from and against any and all claims, causes of action, damages,  liabilities, costs and expenses, including legal fees and expenses,  arising out of or related to your breach of any obligation, warranty,  representation or covenant set forth in this Disclaimer, in the Terms  and Conditions, or in the Privacy Policy.

We accept no liability for any of the views, facts, opinions, or  references in the Programs or Services whatsoever.  You assume  responsibility for using, or not using, any of the information in the  Programs or Services, and you acknowledge that you are using it, or not  using it, at your own risk.  Information posted on this Site related to  these Programs, Services or otherwise, or linked to a third party  website, expresses a perspective which may or may not necessarily  reflect our views.

The content obtained on or through the Programs and Services are  designed for non-medically trained individuals. The information provided  to you is not diagnosing or treating a health problem or disease, or  prescribing medication or other treatment.  I am not a doctor, medical  health practitioner, psychologist, therapist, licensed nutritionist or dietitian and I make no claims in this regard. Nothing contained in the  Programs or Services or on our website is intended to be a substitute  for the medical diagnosis or treatment that can be provided by your  physician or another qualified health care professional. You always  should seek the advice of your physician or another qualified health  care provider regarding any specific medical condition.

Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL  WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY  DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT  RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM, INCLUDING  ITS MATERIALS OR THIRD-PARTY MATERIALS MADE AVAILABLE THROUGH THE SITE,  EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY  DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THESE PROGRAM  MATERIALS, WHETHER PURCHASED DIRECTLY FROM US OR THROUGH YOU. IF YOU OR  YOUR CLIENTS ARE DISSATISFIED WITH THE PROGRAMS, SERVICES OR THESE TERMS  AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING  THE PROGRAM AND THE WEBSITE.

INFORMATION PROVIDED THROUGH THE PROGRAMS OR SERVICES IS PROVIDED “AS  IS” WITHOUT WARRANTY OF ANY KIND.  THE COMPANY MAKES NO WARRANTY OF ANY  KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR  APPROPRIATENESS FOR ANY PURPOSE.

To the fullest extent permitted by law, we expressly exclude:

  1. All conditions, warranties and other terms, which might otherwise be implied by statute or common law;
  2. Any obligation of effectiveness or accuracy; and
  3. Other than as set out below, any liability for any direct, indirect  or consequential loss or damage incurred by you in connection with these  Programs or Services, including by your use or inability to use any  information obtained on or through the Programs or Services, any  websites linked to the Program or Services, and any material posted on  the Site, private Facebook group page, or in any other way through the  Program or Services by us or by others, including without limitation any  liability for loss of income or revenue, loss of business, loss of  profits or contracts, anticipated savings, loss of data, loss of  goodwill, wasted time and for any other loss or damage of any kind,  however caused, even if foreseeable.

Your Conduct

You must not use our Site or private Facebook group page in any way  that causes or is likely to cause the Site or private Facebook group  page or access to it to be interrupted, damaged or impaired in any way.  You understand that you are solely responsible for all electronic  communications and content sent from your computer to us.

You must use the Program and Services, Site, and private Facebook  group page for lawful purposes only.  You must not use the Program and  Services, Site, and private Facebook group page for any of the  following:

  • For fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity
  • To send, use or re-use any material that is illegal, offensive,  abusive, indecent, harmful, defamatory, obscene or menacing, abusive,  threatening, defamatory, objectionable, invasive of privacy, in breach  of confidence, infringing of any intellectual property rights, or  otherwise injurious to third parties, or which consists of or contains  software viruses or any other harmful or similar computer code designed  to adversely affect the operation of any computer software or hardware,  commercial solicitation, chain letters, mass mailings or any spam
  • To cause annoyance, inconvenience or needless anxiety
  • To impersonate any third party or otherwise mislead as to the origin of your content
  • To reproduce, duplicate, copy or resell any of our content in  contravention with these Terms and Conditions or any other agreement  with us.

Online Commerce

When you purchase these Programs and Services, the information  provided and obtained as part of the transaction, such as your credit  card number and contact information, may be collected by both the  third-party merchant and us. We agree not to share it with anyone else.  Transactions within the Company are made through Paypal. A merchant may  have privacy and data collection practices that are different from ours.  We have no responsibility or liability for their policies.

You agree to be financially responsible for all purchases made by you  or someone acting on your behalf. You agree to purchase and use the  Programs and Services for legitimate, non-commercial purposes only. You  also agree not to make any purchases for speculative, false or  fraudulent purposes or for the purpose of anticipating demand for a  particular product or service.

You release us and our affiliates from any damages that you incur,  and agree not to assert any claims against them, or us arising from your  purchase or use of any and all Programs and Services.

You agree to only purchase these Programs and Services for yourself  or for another person for whom you are legally permitted to do so. When  making a purchase for a third party that requires you to submit the  third party’s personal information to us or a merchant, you represent  that you have obtained the express consent of such third party to  provide such third party’s personal information.

Refund Policy

Our commitment is to offer you up to date educational information connected to health, fitness and overall well-being so that you can be  better informed about how to support your own health.

Due to the nature of a downloadable product and service, we do not issue refunds at any time for any reason.

Termination

We reserve the right in our sole discretion to refuse or terminate  your access to the webs, Programs, Services or any part of the website  at any time without notice. In the event of cancellation or termination,  you are no longer authorized to access the part of the website affected  by such cancellation or termination. The restrictions imposed on you  with respect to material downloaded from the website, and the  disclaimers and limitations of liabilities set forth in the Disclosure,  the Terms and Conditions, and the Privacy Policy shall survive.

If you have any questions, please contact us at thenourishedfern@gmail.com

Privacy Policy

At The Nourished Fern, I consider the privacy of our visitors to be  extremely important. This privacy policy document describes in detail  the types of personal information that is collected and recorded and how  we use it.

Privacy Policy Consent

Use of the data that you provide to us, or which is collected by us  on or through our Programs and Services are governed by this Privacy  Policy. By using our website, Programs and Services, you consent to this  policy.

Submission, Storage and Sharing of Personal Data

I may seek personal data including your name, email address, and  other contact information when you purchase Programs and Services or  otherwise. By you providing such information to us, you grant us  permission to use and store such information.

We may disclose personal information if required to do so by law or  in the good-faith belief that such action is necessary to conform to the  edicts of the law or comply with legal process served on us, our  partners, sponsors, investors, or affiliates; protect and defend our  rights or property or those of our users; or to act as immediately  necessary in order to protect the personal safety of our users or the  public.

Whenever you voluntarily make your personal information available for  viewing by third parties online, such as on our website or the private Facebook group page, the information you share also can be seen, collected and used by third parties. We are not responsible for any  unauthorized third party use of such information.

If you have any questions, please contact us at thenourishedfern@gmail.com

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Affiliate Link Disclaimer

All affiliate links contained within The Nourished Fern or Raising Tiny Healthy Humans website are based on personal experience and regard for the products and/or services  provided.  Erin Mann only shares resources and services that Erin Mann has personal experience with and can recommend  without reservation. If you have any questions on these providers and my  experience with them, feel free to ask.

  • Erin Mann makes recommendations on this website, which includes links to helpful resources.
  • These recommendations are based, first and foremost, on their merit.  Erin Mann makes them either because of their value, helpfulness  and quality or based on our direct or indirect knowledge of the author’s  reputation, track record and level of expertise. No advertiser will  ever influence the content on this website.
  • All testimonials and case studies are collected from people who have  had personal experience with Erin Mann's products or services, and  they have each submitted their kind words willingly and without direct  financial payment or compensation.

Erin Mann is a Certified Health and Nutrition Coach. Based in Warrenton, Va, Erin assists clients worldwide via phone, email, in-person and Skype. Jessica helps  women maximize their health and well-being by providing the tools and  education that will help them achieve their health and fitness goals.  Erin graduated from Nutraphoria School of Holistic Nutrition. She is  also registered by the Canadian Health Coach Alliance. Her approach to health and wellness focuses not only on the foods you put into your mouth but also incorporates the elements of body, mind and soul. She helps her clients to truly maximize their health and well-being.

Updated February 2019.

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