Terms of Use Agreement Nurturely
Effective September 20, 2017

Updated January 18, 2021

Welcome to www.nurturely.org (“Website”, “Site,” “Our Site,” or “This Site”). Nurturely is a registered 501(c)3 nonprofit organization dedicated to supporting optimal health and development of infants globally through innovative research and evidence-based community outreach. The vision of Nurturely is for all infants to have access to the nutrition and care needed for healthy growth and development. This Website is provided for your information and we hope you enjoy using it. Please browse the Website and make use of its various features, but please be aware that your use of the Website is subject to the following terms and conditions. If you do not agree to these terms and conditions, please do not use this Website.

Binding Effect

This is a binding agreement. By using the Site or any services provided in connection with the Site ( “Service”), you agree to abide by these Terms of Use, as they may be amended
by Nurturely from time to time in its sole discretion. Nurturely will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service of the Site.

YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

Privacy Policy

Nurturely respects your privacy and permits you to control the treatment of your personal information. A complete statement of Nurturely’s current privacy policy can be found at [INSERT PRIVACY POLICY URL]. Nurturely’s privacy policy is expressly incorporated into this agreement by this reference.

Use of Software

Nurturely may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Nurturely, for your personal, noncommercial, home use only. Nurturely does not transfer either the title or the intellectual property rights to the Software, and Nurturely retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Nurturely or its licensors and you may not copy or use them in any manner.

Use of Site Materials

Nurturely owns the copyright for all of the material on the Website or has a valid right from a third party to use material on the Website. Nurturely also owns or has a valid right to use all trademarks, service marks, and trade names used on this Website. No part of the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non- commercial home use only, provided you keep intact all copyright, trademark and other proprietary notices on the materials. Any modification of the materials or use of the materials for any other purpose is a violation of Nurturely copyright and other proprietary rights. The use of any such material on any other Website or computer network without Nurturely written consent is strictly prohibited. Your use of the trademarks, service marks and trade names on this Website in any manner other than as authorized in these terms and conditions, or as authorized in writing by Nurturely, is strictly prohibited.

Geographic Scope of Site

Nurturely controls and operates this Website from within the United States of America. Unless otherwise specified on or by this Website, this Website is intended to promote only Nurturely within the United States and its territories, and Nurturely makes no representation that material in this Website or the products described thereby are appropriate or available for use in other locations. All visitors to this Website are responsible for compliance with all local laws applicable to them with respect to the content and operation of this Website.

Links to Other Sites

For your convenience and enjoyment, this Website may provide links to other Websites on the World Wide Web that are not operated by Nurturely. These links do not mean that Nurturely endorses, approves or sponsors any information available at the linked site or any products that may be sold there, nor is Nurturely liable for any damage that might result from your use of such information or products.

Payment

All electronic monetary donations are completed through either your credit card provider, or via the following third party sites: PayPal and GoFundMe.com. These third party websites are not owned or maintained by Nurturely. Please be careful to read the terms of use and privacy policies of these sites before you provide any confidential information or engage in any transactions. You should not rely on these Terms of Use to govern your use of another website or destination.

By agreeing to these Terms of Use, you hereby authorize Nurturely to use the foregoing information in connection with the donation option you have chosen. You are solely responsible for all charges, fees, taxes, and assessments arising out of any use of your credit card, or other means of payment. If payment cannot be charged to your credit card, or collected by other available means on Our Site, or your charge is returned for any reason, Nurturely reserves the right to suspend the transaction.

If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, or any credit, debit, or charge card number stored), you should notify Nurturely of the problem to avoid possible liability for any unauthorized charges to your account. It is your responsibility to notify Nurturely if your credit card or debit card has changed or has expired, and to make appropriate changes, or your requested transaction may not be processed.

Contents of the Website- Disclaimer

THE MATERIALS IN THIS WEBSITE (INCLUDING ANY GRAPHICS, SOFTWARE, RECOMMENDATIONS OR OTHER MATERIALS) AND ANY MATERIALS MADE AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NURTURELY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NURTURELY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE MATERIALS IN THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THESE MATERIALS COULD BE INACCURATE OR BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. NURTURELY WILL UNDERTAKE NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION. CERTAIN LINKS IN THIS WEBSITE MAY LINK YOU TO OTHER SITES ON THE WORLDWIDE WEB. THE LINKED SITES MAY NOT BE UNDER THE CONTROL OF NURTURELY AND NURTURELY IS IN ANY EVENT NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. NURTURELY IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. NURTURELY IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY A REFERRAL BY NURTURELY TO, OR AN ENDORSEMENT BY NURTURELY OF, THE LINKED SITE OR ANY PRODUCTS OR SERVICES WHICH MAY BE OFFERED THERE.

Operations of the Website- Disclaimer

NURTURELY STRIVES TO MAINTAIN THIS WEBSITE AND ITS OPERATION, BUT IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THE WEBSITE OR ITS OPERATION. AS TO THE OPERATION OF THIS WEBSITE, NURTURELY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICUAR PURPOSE, TITLE AN NON-IFRINGEMENT. NURTURELY MAKES NO WARRNTY THAT (I) THE OPERATION OF THE WEBSITE WILL MEET THE USER’S REQUIREMENTS; (II) ACCESS TO THE WEBSITE WILL BE UNINTRERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU, NOT NURTURELY ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THIS WEBSITE.

Limitation of Liability

Under no circumstances shall Nurturely be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, the Website or any materials in this Site, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the Website or information available in the Website. Nurturely shall not be liable even if Nurturely or a Nurturely authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component.

Modification

Nurturely may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Nurturely shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

No License

Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Nurturely or by any third party.

Inappropriate Content

You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Nurturely reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Nurturely intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

Alleged Violations

Nurturely reserves the right to terminate your use of the Service and/or the Site. To ensure that Nurturely provides a high quality experience for you and for other users of the Site and the Service, you agree that Nurturely or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Nurturely does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Nurturely reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Nurturely believes that you have violated any of the Terms of Use, furnished Nurturely with false or misleading information, or interfered with use of the Site or the Service by others.

Compliance with Intellectual Property Laws.

When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

Applicable Law

These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts

in San Diego, California, USA in all disputes arising out of or related to the use of the Site or Service.

Severability

If, for whatever reason, a court of competent jurisdiction finds any term or condition in
these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of
these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

Indemnity

You agree to indemnify Nurturely for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Nurturely, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Nurturely will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

No Waiver

No failure on the part of Nurturely to enforce any part of these Terms of Use shall constitute a waiver of any of Nurturely rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by Nurturely nor the reliance of any person on Nurturely actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Nurturely shall have any legal effect whatsoever.

Copyright Infringement

Nurturely has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Nurturely has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Nurturely or of a third party, or otherwise violated any intellectual property laws or regulations. Nurturely’s policy is to investigate any allegations of copyright infringement brought to its attention.

If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Nurturely to delete, edit, or disable the material in question, you must provide Nurturely with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Nurturely to locate the material; (d) information reasonably sufficient to permit Nurturely to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Nurturely designated agent at:

2852 Willamette St. Suite 389. Eugene, OR 93402 emily@nurturely.org

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

Entire Agreement

This Website Terms and Conditions of Use agreement, the Online Privacy Policy, and any and all policies you may have, constitute the entire agreement with respect to your use of This Site. In its sole discretion, Nurturely may modify these Terms and Conditions of Use by posting the revised version on This Site, and you agree that each visit by you to This Site is a new transaction governed by the terms of use linked on This Site at that time.

Acknowledgment

BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

Questions and Comments

This Site is operated by Nurturely. Should you have any feedback, questions or concerns regarding these terms, please contact us at Emily@nurturely.org.

Thank you for visiting Our Site!