Updated: February, 2023
INTRODUCTION
Emily Kyle Nutrition, LLC owns and operates multiple websites. This policy applies to the websites administered by EKN (“Websites”), located at:
- emilykylenutrition.com
- shop.emilykylenutrition.com
- everblossom.net
- cookvenison.com
- rrkyle.com
The terms "we", "us", and "our" refer to Emily Kyle Nutrition, LLC.
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.
If you do not agree to the Terms or our Privacy Policy, you are not authorized to access our Websites, use any of our Website’s services or place an order on our Websites.
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.
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.
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.
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, geographic region or jurisdiction.
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 the cost of shipping. We reserve the right, in our sole discretion, to refuse orders. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities in addition to pursuing any other rights or remedies we have at law.
RETURN AND EXCHANGE POLICY
We are completely dedicated to your health, pleasure, and satisfaction. Our products are tested for quality, and all shipments are carefully inspected before shipping. Please check your shipment upon arrival to ensure that it has not been damaged during shipping.
All claims for damaged products must be made within 72 hours of receipt. Please get in touch with us at support@emilykylenutrition.com during that time, and we will resolve the issue.
We offer a 14-day customer satisfaction guarantee on your initial purchase to ensure your satisfaction with our products. If you are not satisfied with your purchase, please contact us at support@emilykylenutrition.com within the 14-day time period. Upon request of the refunded product, we will refund your purchase price (less shipping expenses and any prorations for product consumption) to your original form of payment.
SHIPPING POLICY
We ship packages with the United States Postal Services (USPS). All shipments are legal based on their hemp-based product requirements. Your package will arrive in an unmarked box or envelope for discrete arrival.
For any specific questions on shipping, please get in touch with support@emilykylenutrition.com.
LINKS TO THIRD-PARTY WEBSITES
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.
YOUR PERSONAL INFORMATION
Please see our Privacy Policy to learn about how we collect, use, and share your personal information.
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.
DISCLAIMER AND LIMITATION OF LIABILITY
You assume all responsibility, liability, and risk with respect to your use of our Websites and any information and materials contained on the Websites, which is provided "as is" without warranties, representations, or conditions of any kind, either express or implied, statutory, by the usage of trade, course, or dealing or otherwise with regard to information accessed from or via our Websites, including without limitation, all content and materials, and functions and services provided on our Websites, all of which are provided without warranty or condition of any kind, including but not limited to warranties or conditions concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties or conditions of title, non-infringement, merchantability, merchantable quality or fitness for a particular purpose. We do not warrant that our Websites or their functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted, or error-free, that defects will be corrected, or that our Websites or the servers that make our Websites available are free of viruses or other harmful components.
The use of our Websites is at your sole risk, and you assume full responsibility for any costs or losses associated with your use of our Websites. We will not be liable for any damages of any kind related to the use of our Websites.
In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers, or employees be liable to you or any third party for any indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or any other theory of law, arising from your use of, or the inability to use, or the performance or functionality of our Websites, our products or any content or material or available on or through our Websites, the cost of procurement of substitute goods, data, information or services, loss of data, errors, mistakes or inaccuracies in the materials on the Websites, or any personal injury or property damage. These limitations shall apply even if we are advised of the possibility of such damages.
Certain jurisdictions do not allow the limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations may not apply to you. Our liability will be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, demands, threats, actions, proceedings, expenses (including reasonable attorney fees and court costs) in any way arising from, related to or in connection with your use of our Websites including in connection with any products offered through our Websites, your violation of the Terms or any applicable law or regulation, or the posting or transmission of any materials on or through the Websites by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third-party proprietary rights.
ENTIRE AGREEMENT
These Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding, or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking, or promise given by the other or implied from anything said or written between you and us before such Terms, except as expressly stated in the Terms.
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.
HEADINGS
Any headings and titles herein are for convenience only.
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.
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 New York 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 New York, and you irrevocably consent to the exclusive jurisdiction and venue of such courts.