Terms and Conditions

YesNutritionWorks & Associates ("we," or "us") owns and operates www.nutrition4fertility.com (including www.nutrition4fertility.com Mobile) (collectively, our or this "Site"), on which we provide our services, (collectively referred to as “Sales of book on Nutrition for Fertility”), a Website based in Waikanae, New Zealand that provides you, (collectively referred to as “Users”) a full range of services on the sales and distribution of a book on Nutrition for Fertility. Access to the information, materials and services of this website and other sites accessed through this website (hereinafter collectively referred to as "Content"), subject to the terms and conditions herein. THE TERMS AND CONDITIONS SET FORTH BELOW FORM AN AGREEMENT (THE "TERMS") THAT GOVERNS YOUR USE OF THE SERVICE.

Acceptance of Terms

These terms of use govern your use of www.nutrition4fertility.com; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, then please do not use our website.

These Terms and Conditions apply to all users of www.nutrition4fertility.com; they cover all aspects of YesNutritionWorks & Associates including use of the website, and the services. If you subscribe to www.nutrition4fertility.com services, we will ask you to expressly agree to these terms of use during sign-up.

The terms ‘www.nutrition4fertility.com’, ‘YesNutritionWorks & Associates’, ‘us’ or ‘we’ refers to the owner of the website with physical address at:

YesNutritionWorks & Associates
40 Kapanui Road
Waikanae, New Zealand, 5036

 The term ‘you’ or ‘user’ refers to the user or viewer of our website. The owner of the website can be emailed at info@nutrition4fertility.com.

Prior to your use of our Service, please take a moment to carefully review these Terms of Use (the Terms). These terms constitute a legally binding contract between you and www.nutrition4fertility.com. Youare encouraged to seek legal advice and if necessary, engage at your own expense if you do not understand anything contained herein. If you do not agree with any portion of these Terms, please leave www.nutrition4fertility.com immediately.

These Terms are an agreement/contract between you and www.nutrition4fertility.com (we, us, our or www.nutrition4fertility.com). These Terms set out the legally binding terms of your use of the www.nutrition4fertility.com website and include (i) our policy for acceptable use of the materials, communications features, and other services (the Service) we provide through the Website; (ii) your rights, obligations and restrictions regarding your use of the Service; and (iii) our Privacy Policy.

By using our website and agreeing to these terms of use, in accordance with the terms of our Private Policy. You may not use the Services and may not accept the Terms if: (i) you are not of legal age to form a binding contract with Company; or (ii) you are a person barred from receiving the Services under the laws of New Zealand, or other countries, including the country in which you are resident or from which you use the Services.

Change to Terms and YesNutritionWorks & Associates Services

We may, without notice, modify or terminate the YesNutritionWorks & Associates Services for any reason, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Use at any time without notice. Please review these Terms of Use from time to time so that you will be apprised of any changes. You understand and agree that if you use the Services after the date on which the applicable Terms have changed, your use constitutes acceptance of the updated Terms. Our Privacy Policy and any notices regarding the Website or the Service posted on the Website are hereby incorporated into and made part of these Terms.

Compliance with Applicable Law

You agree to comply with all laws, legislation, rules, regulations, and governmental requirements of any jurisdiction in or from which you access the Site or YesNutritionWorks & Associates Services. Your use of any data obtained through the www.nutrition4fertility.com Service or the Site, including without limitation e-mail addresses, to send e-mail to any person, must fully comply with all federal and state laws and the New Zealand Government with respect to unsolicited e-mail (spam e-mail).

YesNutritionWorks & Associates Services

YesNutritionWorks & Associates operates a Website www.nutrition4fertility.com on which we provide our services, (collectively referred to as “Sales of book on Nutrition for Fertility”) to you, (collectively referred to as “Users”) a full range of services on the sale and distribution of a textbook with title of “Nutrition for Fertility”. As part of our Services, we offer personal consultations,and may in the future contract out the nutrition consultations to professionally qualified international colleagues.

Disclaimer

THE WEBSITEAND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY YESNUTRITIONWORKS AND ASSOCIATES ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YESNUTRITIONWORKS AND ASSOCIATES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, YESNUTRITIONWORKS AND ASSOCIATES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YESNUTRITIONWORKS AND ASSOCIATES DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM YESNUTRITIONWORKS AND ASSOCIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YESNUTRITIONWORKS AND ASSOCIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

THE CONTENT OF THE BOOK OR THE EXPECTED SERVICE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. BY USING THE SERVICE, YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICE AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE AND THAT YOU WILL ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING MEDICAL MATTERS. IN NO EVENT WILL A MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP BE CREATED BY USING THE SERVICE.

YESNUTRITIONWORKS AND ASSOCIATES DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF ANY INFORMATION PROVIDED BY NUTRITION FOR FERTILITY OR OTHER YESNUTRITIONWORKS AND ASSOCIATES SERVICE IS SOLELY AT YOUR OWN RISK. THE SERVICE MAY CONTAIN HEALTH OR MEDICAL-RELATED MATERIALS THAT SOME MAY CONSIDER SEXUALLY EXPLICIT. IF YOU FIND THESE MATERIALS OFFENSIVE, YOU MAY NOT WANT TO USE THE SERVICE.

THE SERVICE AND NUTRITION FOR FERTILITY IS CONTINUALLY UPDATED AND YESNUTRITIONWORKS AND ASSOCIATES MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY OR COMPLETENESS. YESNUTRITIONWORKS AND ASSOCIATES MAKES NO WARRANTY THAT THE INFORMATION AVAILABLE ON THE SERVICE INCLUDES THE MOST RECENT FINDINGS.

YOU ACKNOWLEDGE THAT YOUR RELIANCE ON ANY INFORMATION PROVIDED BY THE SERVICE AND NUTRITION FOR FERTILITY TO YOU IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH, AS ALLOWABLE TO THE EXTENT OF THE LAW.

Provided for Educational Purposes Only

The information on Nutrition for Fertility is provided for educational purposes only and is not intended to treat, diagnose or prevent any disease. The information on this website, content or the book is not intended to replace a one-on-one relationship with a qualified health care professional and is not intended as medical advice. You must consult your own doctor when embarking on a new health regime. It is intended as a sharing of knowledge and information from the research and experience of Lynette Ellison, a professional clinical nutritionist and her community. We encourage you to make your own healthcare decisions based upon your research, and in partnership with a qualified health care professional.

YesNutritionWorks & Associates makes no guarantees regarding success or income potential using the methods contained within e-books, articles, or other materials on this site. Individual results will vary based on your personal level of health, experience, skills, education, and commitment. By using this website, you agree that YesNutritionWorks & Associates, its authors, sponsors, and affiliates will not be held responsible for any decisions, purchases, or consequences made by users of this website.

The exclusion of certain warranties and the exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions. Such limitations may apply to you. If these laws apply to you, some or all of the above disclaimer exclusions or limitations may not apply to you, and you might have additional rights. The warranty disclaimer and liability exclusion and limitation clauses survive indefinitely after the termination of this Agreement.

 No Advice

The Website is not intended to be a comprehensive or detailed statement concerning the matters addressed; professional or expert advice or recommendations; or an offer or recommendation to sell or buy any book or other item, product or service. You should seek appropriate, qualified professional advice and recommendations before acting or omitting to act based upon any information provided on or though the Website.

Prohibited Uses

You expressly agree not to use the Website, the Services, and any services provided by Author, for any unlawful purpose or in any way that might harm, damage, or disparage YesNutritionWorks & Associates, Nutrition for Fertility, its Author or any other party. Without limiting the preceding sentence and by way of example and not limitation, you agree that you will not, whether through the Website, our Licensees or the Author Content, do or attempt any of the following: (a) For all content on the site, in general, you are not permitted to reproduce or publish in any way any of the content that appears on the site unless you have first obtained the Company’s written permission to do so. In some limited circumstances, the Company may choose to permit the reproduction or publication of content where it feels that this does not harm the business or its values and does not negatively affect Lynette Ellison, YesNutritionWorks & Associates, or Nutrition for Fertility brand (and the Company’s decision on this shall be final). Apart from that, none of the content on the site may be republished, posted, transmitted, stored, sold, distributed or modified without the Company’s prior written consent and any use without consent may constitute an infringement of the holder’s rights. In any case, you are not in any circumstances permitted to:

  • make commercial use of any such content;
  • edit any such content; or
  • remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to or are contained within the content.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Copyright and Trademarks

The copyright in all Content including the book on “Nutrition for Fertility” is and remains owned by Lynette Ellison, a professional clinical nutritionist who operates the site Nutrition4fertility.com, its affiliated companies or its licensors as appropriate. Except as may be otherwise indicated in specific documents within the Site, you are authorised to view, play, print and download Content found on the Site for personal, informational, and non-commercial 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 Content. You may not re-use any Content without first obtaining the consent of YesNutritionWorks & Associates. For purposes of these terms, the use of any such Content on any other website or networked computer environment is prohibited. You may not remove any copyright, trademark or other proprietary notices from Content found on the Site.

In the event you download software (including but not limited to screensavers, smart phone applications, icons, videos and wallpapers) from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the Software) are licensed to you by YesNutritionWorks & Associates. YesNutritionWorks & Associates does not transfer title to the Software to you. You own the medium on which the Software is recorded, but YesNutritionWorks & Associates retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.

All trademarks, service marks, logos and trade names which appear on products of YesNutritionWorks & Associates, product packaging and/or on the Site, whether registered or not (including but not limited to: the word mark " YesNutritionWorks & Associates ", the logo), (the Trade Marks) remain the exclusive property of YesNutritionWorks & Associates, its affiliated companies or its licensors (as appropriate) and are protected by applicable trade mark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Trade Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without YesNutritionWorks & Associates's prior written consent. The use of any of the Trade Marks on any other website or network computer environment, for example the storage or reproduction of (a part of) the Site in any external internet site or the creation of links, hypertext, links or deeplinks between the Site and any other internet site, is prohibited without the express written consent of YesNutritionWorks & Associates.

Termination of Service.

We reserve the right, in our sole and absolute discretion, to terminate or suspend your access to the Service at any time for any reason, with or without notice, including but not limited to, breach of these Terms.

Any fraudulent, abusive, obscene, or otherwise illegal activity on the Service, as well as any activity that may affect the enjoyment or use of the Service by other Users, may be grounds for the suspension or termination of all or part of the Service in our sole and absolute discretion. In cases of inappropriate, fraudulent, or illegal use of the Service, you may be referred to appropriate law enforcement services.

You acknowledge and agree that any termination of your access to our Service may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete any of your accounts and all related information and files in such accounts and/or bar any further access to such files or our Service. Further, you acknowledge and agree that we will not be liable to you or any third party for any costs or damages of any kind for or resulting from any termination of your access to our Service. You will be entitled to a refund of unused credit or subscription fees paid upon termination of your access to our Service by us for any reason.

 Intellectual Property

You understand that all information or material accessible as part of, or through, the Services or the Website (the “Content” and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation and interactive features (collectively, "Site Content") is the sole responsibility of the person from which such information or material originated. All Content, including but not limited to advertisements, posts, blogs, messages, and third-party links on the Website, may be protected by intellectual property rights which are owned by the provider of the Content (or by other persons or entities). You may not modify, rent, lease, loan, sell, distribute, copy, or create derivative works based on this Content (either in whole or in part) unless you have been given written permission by the owners of that Content. You acknowledge and agree that: (i) YesNutritionWorks & Associates (or its licensors) owns all legal right, title and interest in and to the Services and to the Content created by YesNutritionWorks & Associates, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights might exist); and (ii) that YesNutritionWorks & Associates is in no way responsible for, nor shall have any liability related to, any Content which is not created by YesNutritionWorks & Associates. The trademarks, service marks, and trade names appearing on the Website are the common law or registered trademarks of YesNutritionWorks & Associates, its licensors, or others. No trademark, service mark, or trade name may be used without the express written permission of the owner.

Contributions

By submitting ideas, suggestions, reviews, documents, and/or proposals (“Contributions”) to YesNutritionWorks & Associates, you acknowledge, represent, and agree that: Your Contributions do not contain confidential or proprietary information; YesNutritionWorks & Associates is not under any obligation of confidentiality, express or implied, with respect to the Contributions; YesNutritionWorks & Associates shall be entitled to use or disclose such Contributions for any purpose; YesNutritionWorks & Associates may have something similar to the Contributions already under consideration or in development; Your Contributions automatically become the property of YesNutritionWorks & Associates without any obligation of YesNutritionWorks & Associates to you; and You are not entitled to any compensation or reimbursement of any kind from Company under any circumstances.

Third-Party Links

Certain content, products and services available via our Service may include materials from third-parties. These Services may include hyperlinks to other websites or resources. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Disputes with Third Parties

The Terms of Use do not cover dispute between website users, or between a user and any third party, you understand and agree that YesNutritionWorks & Associates is under no obligation to become involved. In the event that you have a dispute with one or more other participants or third parties, you release YesNutritionWorks & Associates, its officers, employees, agents, representatives and successors from any claims, demands and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.

Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Indemnification

You shall indemnify and hold harmless, and at YesNutritionWorks & Associates's request defend, www.nutrition4fertility.com and its parents, subsidiaries, affiliates and service providers, as well as their respective owners, directors, officers, shareholders, employees, agents and owners (each, an "Indemnified Party") from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees, an allocation for in-house counsel, and other legal costs) arising out of your acts or omissions, including claims resulting from: (i) your use of or access to the Site, Site Content, www.nutrition4fertility.com Services or the textbook “Nutrition for Fertility”; (ii) any breach of your obligations, representations or warranties set forth in these Terms of Use; or (iii) your violation of any rights of others. You shall reimburse each Indemnified Party on demand for any costs, expenses and liabilities incurred by such Indemnified Party to which this indemnity relates.

Limitation of Liability.

You agree that the Website will not be liable for any harms, including direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Website has been advised of the possibility of such damages), resulting from:

  1. the use or the inability to use the Website or Service;
  2. the cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
  3. unauthorised access to or alteration of your transmissions or data;
  4. loss or misuse of data you posted, transmitted through, or otherwise communicated via the Website or the Service;
  5. any reliance placed by you on the completeness, accuracy or existence of any Content, or as a result of any relationship or transaction between you and any third party;
  6. any change which Company may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
  7. statements or conduct of anyone on the Service; or
  8. any other matter relating to the Service.

Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.

Governing Law

The Terms of Service shall be governed by and interpreted and enforced in accordance with the laws of Waikanae, New Zealand, without reference to conflict of laws.

Acknowledgment

You acknowledge that (a) you have read and understood these Terms of Use; (b) these Terms of Use have the same force and effect as a signed agreement; (c) you have the requisite power and authority to agree to, deliver and perform these Terms of Use and to consummate the transactions contemplated hereby; and (d) these Terms of Use have been duly authorised, agreed to and delivered by you, constitute your legal, valid and binding obligation, and are enforceable against you in accordance with the terms and conditions herein.

Survival

Upon termination of these Terms, the provisions regarding Intellectual Property, Contributions, Disputes with Third Parties, Indemnity, Disclaimer of Warranties, Limitation of Liability, Acknowledgment, Survival, and General Provisions shall survive.

Notices

Notices by www.nutrition4fertility.com to Registered Users and Members may be given by electronic messages, regular mail, posting on website or by a general posting on the Service.

Waiver

You acknowledge and agree that the failure of www.nutrition4fertility.com, its assignees or its successors, or any the Website Content Providers or Website affiliates and their successors or assigns, to enforce any of the specific provisions of these Terms shall not comprise a waiver of, or preclude or prevent any later, further or other enforcement of such provision(s), or any other provision(s), or waive, preclude, prevent or diminish the exercise of any other rights.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.