Terms & Conditions

Updated: November 2025

Introduction

The following terms (“Terms of Use” or “Terms”) constitute an agreement between Emily Kyle Enterprises, INC (“EKN”, “we”, “us”, “our”), and you (“user”, “you”, “your”) that governs your use of these websites and all of their associated services, content, and functionality. This policy applies to the websites administered by EKN (“Websites”), located at:

emilykylenutrition.com
shop.emilykylenutrition.com

The use of our Websites are subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by you with our Privacy Policy and any terms, conditions, or disclaimers provided in the pages of our Websites. Please review the Terms carefully. The Terms apply to all users of our Websites, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use these Websites, you accept and agree to be bound by and comply with the Terms and our Privacy Policy.

Your use of the Websites constitutes your acceptance of, and agreement to, the following Terms of Use. EKN reserves the right to modify, alter, amend, or update its Websites, policies, and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Websites.

1. Definitions

“Websites” refers to emilykylenutrition.com and shop.emilykylenutrition.com, including all associated services, content, and functionality.
“Products” refers to any physical or digital goods available for purchase on the Websites.
“Services” refers to educational content, courses, and other informational offerings provided through the Websites.
“User” refers to any individual who accesses or uses the Websites, including browsers, customers, merchants, and content contributors.
“User-Generated Content” refers to any content, including comments, reviews, or other materials, that users submit or post on the Websites.

2. Updates to Terms

EKN reserves the right to modify, alter, amend, or update its Websites, policies, and these Terms of Use at any time, without prior notice. We will notify users of material changes through a notice on the Websites or via email. Your continued access or use of our Websites after such changes will mean that you agree to them. You agree to review these Terms regularly for any updates.

3. General Conditions

General Conditions

We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the Websites, including terminating, changing, suspending or discontinuing any aspect of the Websites and or the products and services provided through the Websites at any time, without notice. We may impose additional rules or limits on the use of our Websites. You agree to review these Terms regularly for any changes and your continued access or use of our Websites will mean that you agree to any changes. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our Websites or for any service, content, feature or product offered through our Websites. We may assign these Terms to anyone for any reason. You may not assign these Terms without our prior written consent.

4. Use of The Websites

By using the Websites, you represent and warrant that you will only use our Websites for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any criminal law, intellectual property law, privacy law or any other applicable law or regulation. You also represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract.You agree not to attempt to interfere with our Website’s network or security features or to gain unauthorized access to our systems. If you provide us with any personal information, you authorize us to collect, use and disclose such information in accordance with our Privacy Policy.

5. Products or Services

All purchases through our Websites are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our Websites or limit the sales of our products or services to any person, household, or geographic region.

Prices for our products are subject to change without notice. Unless otherwise indicated, prices displayed on our Websites are quoted in U.S. dollars and do not include shipping costs. We reserve the right to refuse orders. If we believe you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities.

6. Shipping, Return, and Exchange Policy

Return and Exchange Policy:
We are dedicated to your satisfaction. Our products are tested for quality, and all shipments are carefully inspected. Please check your shipment upon arrival to ensure it has not been damaged during shipping. All claims for damaged products must be made within 72 hours of receipt by contacting us at [email protected].

We do not offer a money-back guarantee, as cannabis affects each individual differently. We do not offer refunds on physical products.

Please see the Refund Policy outlined here.

Shipping Policy:
We ship packages via the United States Postal Service (USPS). Standard shipping typically takes 5 to 7 business days after your order has been processed. A tracking number will be emailed to you once your order is fulfilled.

Once a package is confirmed as delivered by USPS, our responsibility is considered fulfilled. We are not responsible for orders that are stolen, lost in transit, not delivered, or seized. If you live in a highly congested area, we recommend following your tracking to anticipate delivery. Package protection insurance is available, which can aid in investigating delayed or lost packages.

All delivery issues must be reported in writing within 7 days of the delivery date.

Please see the Shipping Policy outlined here.

Delivery Confirmation and Responsibility:

Please note that once a package has been confirmed as delivered by the United States Postal Service (USPS), our responsibility for the shipment is considered fulfilled. If a package is marked as delivered but cannot be located, we regret to inform you that we cannot issue a refund or provide a replacement.

This company is not responsible for any order that is stolen outside the customer’s address, lost in transit, or not delivered or seized. We are not responsible for packages stolen from your mailbox or doorstep. If you live in a highly congested neighborhood, we recommend following your tracking to anticipate the delivery of your order. With this, we do provide package protection insurance. This enables us to work with your local carriers and ensure we can investigate if a package is delayed or if something should occur during shipping.

In such cases, we strongly encourage customers to contact their local USPS office to inquire about the delivery status and, if necessary, file a claim for the missing package. Additionally, customers may choose to report the situation to their local law enforcement agency in case of suspected theft or tampering. By placing an order with us, you acknowledge and agree to these terms regarding delivery confirmation and responsibility.

Should a customer have an issue with delivery, all problems must be reported in writing within 7 days of the delivery date. Delivery dates may be found and recorded through tracking numbers associated with the order. If your package is lost or delayed, we recommend contacting the USPS. If you have any queries, you can contact USPS at 800-ASK-USPS.

7. Digital Goods and Intellectual Property

All content on the Websites, including text, graphics, logos, images, as well as digital products such as courses and e-books, is the property of EKN and is protected by copyright and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use digital products for your personal, non-commercial use only. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, or sub-license any digital products.

8. Refund Policy for Digital Products

Due to the instant-access nature of our digital products (e.g., e-books, courses), all sales are final. We do not offer refunds for digital goods once the order is confirmed and the product is sent.

9. User-Generated Content

If you post comments, reviews, or other content on the Websites, you grant EKN a non-exclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post. We reserve the right, but not the obligation, to monitor, edit, or remove any User-Generated Content.

10. Privacy Policy and Data Protection

Please see our full Privacy Policy to learn how we collect, use, and share your personal information. These Terms incorporate our Privacy Policy, which discloses how we, our vendors, and our service providers handle data. We are committed to compliance with data protection laws such as the GDPR and CCPA. Our Privacy Policy details your rights regarding data access, deletion, and opting out of data sales.

Privacy Policy

WHAT INFORMATION DO WE COLLECT AND HOW IS IT USED?

Cookies: The Websites may log information using cookies, which are small data files stored on your browser by the Websites. The Websites may use both session cookies, which expire when you close your browser, and persistent cookies, which stay on your browser until deleted, to provide you with a more personalized experience on the Websites.

Information You Voluntarily Submit to the Websites: The Websites may collect personal information from you, such as your name or email address. For example, you may voluntarily submit information to the Websites by leaving a comment, subscribing to a newsletter, or submitting a contact form.

Information We Collect from Others: The Websites may receive information about you from other sources. For example, if you use third-party software through the site, they may transfer information to us for fulfillment.

Automatically-Collected Information: The Websites automatically collect certain information about you and the device with which you access the Websites. For example, when you use the Websites, The Websites will log your IP address, operating system type, browser type, referring websites, pages you viewed, and the dates/times when you accessed the Websites. The Websites may also collect information about actions you take when using the Websites, such as links clicked.

HOW YOUR INFORMATION MAY BE USED

The Websites may use the information collected in the following ways:

To operate and maintain the Websites;
To send you promotional information, such as newsletters. Each email promotion will provide information on how to opt out of future mailings;
To send you administrative communications, such as administrative emails, confirmation emails, technical notices, updates on policies, or security alerts;
To respond to your comments or inquiries,
To provide you with user support;
To track and measure advertising on the Websites; or,
To protect, investigate, and deter against unauthorized or illegal activity.

11. Not Medical Advice

Information provided on the Websites, including without limitation information regarding product attributes is provided as general information. Information provided on the Websites is not intended to be medical advice, nor is it intended to replace the need to consult a healthcare provider. Rather, we provide this information for discussion between consumers and their healthcare providers who will ultimately make any decisions regarding treatment.

12. Links to Third-Party Websites & Tools

Links from or to websites outside our Websites are provided for convenience only. We do not review, endorse, approve, or control, and are not responsible for any sites linked from or to our Websites, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk, and we will not be responsible or liable for any damages in connection with linking. We shall not be a party to any transaction between you and any third party, including any third-party advertising on our Websites, and we shall not be liable for any losses or damages arising from such interaction with any third party. Without limiting the foregoing, any link to a third-party press release, media coverage, stock exchange website, or analyst coverage should not be taken as an endorsement by us of the views, analysis, or projections contained in such materials.

13. Errors and Omissions

Please note that our Websites may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after an order has been submitted). Such errors, inaccuracies, or omissions may relate to product description, pricing, promotion, and availability. We reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information to the extent permitted by applicable law. We do not undertake to update, modify, or clarify information on our Website except as required by law.

14. Disclaimer and Limitation of Liability

You assume all responsibility and risk with respect to your use of our Websites. The Websites and all information are provided “as is” without warranties, representations, or conditions of any kind, either express or implied.

In no event will we, our affiliates, or their respective directors, officers, agents, or employees be liable for any indirect, special, incidental, consequential, exemplary, or punitive damages arising from your use of, or inability to use, our Websites or products. Our aggregate liability shall not exceed the greater of (a) the total amount you paid to us in the six-month period prior to the event giving rise to liability or (b) one hundred U.S. dollars ($100).

Limitations on Liability.

YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OR OUR VENDORS OR SERVICE PROVIDERS (COLLECTIVELY, “WE” OR “US”), SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ANY OF US EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID OR PAYABLE TO RAPTIVE BY YOU FOR THE WEBSITE DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS ($100). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT, OR OTHERWISE, AND WHETHER OR NOT THE PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

15. Indemnification

You agree to defend, indemnify, and hold us and our affiliates harmless from any losses, liabilities, claims, or expenses (including reasonable attorney’s fees) arising from your use of our Websites, your violation of these Terms, or your infringement of any third-party proprietary rights.

16. Dispute Resolution

Informal Resolution:
We encourage you to contact us at [email protected] to resolve any dispute informally before pursuing arbitration.

Binding Arbitration (“Arbitration Agreement”):

a. Applicability of Arbitration Agreement. You agree that any dispute or claim against us, or our vendors or service providers(collectively, “We” or “Us”), related in any way to your access or use of this website, to these Terms, or to any aspect of your relationship with Us, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or We may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). You agree that you must commence any arbitration or other claim within one (1) year after the dispute arises; otherwise, the claim is permanently barred, which means that you will no longer have the right to assert a claim regarding the dispute. This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of this Arbitration Agreement.

You agree in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against Us, alleging class, collective, and/or representative claims on your behalf. Instead, by agreeing to arbitration, you may bring your claims against any of Us in an individual arbitration proceeding (except for any Batch Arbitration, as described below). If successful on such claims, you could be awarded money or other relief by an arbitrator. You acknowledge that you have been advised that you may consult with an attorney in deciding whether to accept these Terms, including this Arbitration Agreement.

The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

b. Process. To begin a claim, you must first send a letter describing your claim in detail, including your name and contact information, your legal claim, the specific facts giving rise to your claim (including the date(s) and amount(s) of any relevant transaction or interaction with us), and the requested relief, to PO Box 350281, Palm Coast FL 32135-0281 United States. You and We agree to attempt in good faith to negotiate an informal resolution of your claim. If a resolution is not reached within thirty (30) days, you may commence an arbitration action as set forth herein. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, will be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted remotely, based on written submissions, or in person at a mutually agreed location. We will be entitled to make an offer of judgment in the arbitration proceeding. If the offer of judgment is not accepted, and the award is not more favorable than the unaccepted offer, you will be solely responsible for all costs incurred by Us after the offer of judgment is made to the extent permitted by applicable law. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

c. Fees. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing, and/or other fees, and you cannot obtain a waiver from JAMS, we will pay them for you. If the arbitrator determines the claims are frivolous, you agree to pay Us our attorneys’ fees and costs in the arbitration, to the extent permitted by applicable law.

d. Authority of Arbitrator. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Us.

e. Waiver of Jury Trial. You and We hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and We are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section (a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

f. Waiver of Class or Consolidated Actions. Except with respect to Batch Arbitration (as defined below), all claims and disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. In the event that this subparagraph is deemed invalid or unenforceable neither you nor We are entitled to arbitration and instead claims and disputes will be resolved in a court as set forth in these Terms.

g. Batch Arbitration. You and We agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against Us within an approximately (30) thirty-day period (or otherwise in close proximity) regardless of the state(s) in which such claims are filed, JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and We agree (1) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (2) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.

h. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed, and the remainder of the Arbitration Agreement will continue in full force and effect.

i. Survival. This Arbitration Agreement will survive the termination of your relationship with Us.

j. Modification. Notwithstanding any provision in these Terms to the contrary, We agree that if We make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) for which that you had already provided notice to Us.

17. Governing Law

Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our Website, or our products or services offered on our Website will be resolved in accordance with the laws of the State of Florida without regard to its conflict of law rules. Any disputes, actions, or proceedings relating to the Terms or your access to or use of our Websites must be brought before the courts of the State of Florida, and you irrevocably consent to the exclusive jurisdiction and venue of such courts.

18. Accessibility Statement

We are committed to making our website accessible to all users, including those with disabilities. We strive to conform to the Web Content Accessibility Guidelines (WCAG) 2.1. If you experience any difficulty accessing our content, please contact us for assistance. Please see the full accessibly policy here.

19. Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms for causes beyond their reasonable control, including but not limited to acts of God, war, terrorism, riots, pandemics, or government action (“Force Majeure Event”).

20. General Provisions

Entire Agreement: These Terms and any documents expressly referred to in them represent the entire agreement between you and us.
Waiver: Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.
Severability: If any of the provisions of these Terms are determined by any competent authority to be invalid, unlawful, or unenforceable, such provision will, to that extent, be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.
Headings: Any headings and titles herein are for convenience only.
Assignment: We may assign these Terms for any reason. You may not assign these Terms without our prior written consent.

These Terms of Service incorporate our Privacy Policy, which discloses how we, our vendors, and our service providers collect and use data when you use the Site and/or mobile applications. You hereby consent to the collection and use of data by us, our vendors, and our service providers as described in the Privacy Policy (including any links to other policies therein). You can revoke this consent at any time by following the opt-out instructions in the Privacy Policy or clicking the provided links on the Site.