Last updated September 2018
Welcome to Embrace Wellness, LLC (the “Website”), an online community developed to help educate, empower and encourage you and your family to make small changes to improve the quality of your health and life.
Purpose and Scope of the Services
The Website provides programs of recipes, tips, and health related educational information that the general population could likely benefit from (the “Services”). Everything posted is based on the personal research and experiences of the owner and operator of Embrace Wellness, LLC, through either her family experience, or during her career as a Registered Nurse and Certified Health Coach, and is for informational purposes only. No information on this Website is or should be used for purposes of diagnosis, treatment or curing of disease. The goal of Embrace Wellness, LLC is to teach you skills and habits that could help you prevent some of the chronic inflammatory disease of our time. No promise can be made for complete disease prevention, and Embrace Wellness, LLC does not warrant that it offers complete disease prevention. The owner and operator of Embrace Wellness, LLC is a Registered Nurse and Certified Health Coach, not doctor or registered dietician, and any information provided is not a substitute for seeking your own medical advice. It is important to consult your health care provider with any questions you may have regarding a medical condition and before undertaking any diet, supplement, fitness, or other health program.
The information on this Website has not been evaluated by the Food and Drug Administration.
You can gather information free from the Website, through links to or feeds from other websites, sign up to receive emails or, for a fee, participate in one of the provided programs or Services.
Proprietary Rights / Copyright; User Content License
All content on the Website, other than User Content, as defined below, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the “Website Content”), is the proprietary property of Embrace Wellness, LLC with all rights reserved. No content may be modified, copied, distributed, framed, reproduced, republished, downloaded, duplicated, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without prior written permission from Embrace Wellness, LLC.
“User Content” means the information you have provided to us for consideration to be posted on the Website. Information may be provided in the form of comments, or, if the Website provides any forum, in the form of posts to such forums. Embrace Wellness, LLC does not claim ownership rights in any User Content. By providing User Content to us, you grant to Embrace Wellness, LLC a non-exclusive, royalty-free license to use, copy, distribute and display all User Content for the purpose of making the User Content available on the Website.
User Content and Conduct
In addition, you agree not to use the Services or the Website to: upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity; upload, post, transmit, share or otherwise make available any information that you know is false or misleading; upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; upload, post, transmit, share, store or otherwise make available any photographs of another person or taken by another person without that person’s consent; solicit passwords or personally identifying information for commercial or unlawful purposes; upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; intimidate or harass another User or Contributor; upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Embrace Wellness, LLC, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose Embrace Wellness, LLC or its Users to any harm or liability of any type.
Embrace Wellness, LLC reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of any misuse of the Services, please contact firstname.lastname@example.org
You understand that the Services and the Website are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted or shared by you through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of Users from the Services or the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Services or the Website or for any other purpose. You further agree that you may not use the Services or the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website
Links to Other Websites and Content
The Website contains (or you may be sent through the Website or the Services) links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (“Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Embrace Wellness, LLC, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on the Website, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of or linking to any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website.
Products and Services
The products and Services made available on the Website are intended for personal use only. You may not assign, transfer, re-market, resell, or otherwise dispose of, such products and Services without obtaining prior written consent from Embrace Wellness, LLC. Embrace Wellness, LLC may cancel or modify purchases on the Website if it appears that they are the result of fraudulent or inappropriate activity or under other circumstances where it appears that the purchase contains or has resulted from a mistake or error. Prices and promotions are subject to change without notice.
Billing and Payment
Terms of payment are within the sole discretion of Embrace Wellness, LLC, and unless otherwise agreed to by us, payment must be received by us prior to our acceptance of an order. Payment is due at the time of purchase and will be processed when authorized during the purchase process. Orders are not binding upon us until accepted by us. We reserve the right to refuse and refund any order or part of any order placed on the website.
Some of the Services on the Website, including the paid programs, require you to create an account to participate and/or to secure additional features and/or benefits. You agree to provide, maintain and update true, accurate, current, and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph.
Embrace Wellness, LLC may collect certain personal information from you when you register to use the Website or the Services, such as any e-mail newsletter or membership to one of our programs including, but not limited to, your name, e-mail address, and location. We may also collect additional personal information, including your physical address, in order to deliver products. We may also collect certain non-personally identifiable information from Users of the Website, such as their Internet protocol address, the type of browser and operating system they use, the domain name of your Internet service provider, and the web pages, content and advertisements you may have visited, viewed or clicked on. We collect this information in several ways, including the following.
Cookies: Cookies are text files placed in your computer’s browser to store your preferences. Cookies do not contain personal information, but if you choose to furnish us with personal information, this information may be linked to the data stored in the cookie. We may use “cookies” to maintain a record of your visits and to improve the Website and the Services on the Website.
Web Server Logs: Information gathered through cookies and web server logs may include the date and time of visits, the pages viewed, time spent at the Website, and the websites visited just before and just after our site. We, our advertisers and ad serving companies may also use small technology or pieces of code to determine which advertisements and promotions users have seen and how users responded to them.
IP Addresses: Our system may also collect your IP address, which is a numerical address that is used to identify a computer connected to the Internet. We may use your IP address to help diagnose problems with our server, to administer our Website, to deliver web pages to you upon request, to tailor the Website to the interests of our users, and to measure traffic within the Website.
Public Posting: If you post in the comments of a blog post on the Website (or anywhere on social media), you should be aware that any information you share is visible to other users. Personally identifiable information you submit to one of these forums can be read, collected, or used by other individuals to send you unsolicited messages. Embrace Wellness, LLC is not responsible for the personally identifiable information you choose to submit in these forums. For example, if you choose to make information, which was previously non-public, available by enabling certain User features, (such as blog comments) Embrace Wellness, LLC will collect that information from your interaction and the information will become publicly available.
Children’s Privacy Statement
This Website is not directed to children under the age of thirteen and we do NOT knowingly collect personally identifiable information from children under the age of thirteen as part of the Website. If we become aware that we have inadvertently received personally identifiable information from a user under the age of thirteen as part of the Website, we will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of thirteen as part of the Website. You must be eighteen (18) years old to enter and use the Website.
Because we do not collect any personally identifiable information from children under the age of thirteen as part of the Website, we also do NOT knowingly distribute such information to third parties.
We do NOT knowingly allow children under the age of thirteen to publicly post or otherwise distribute personally identifiable contact information through the Website.
Because we do not collect any personally identifiable information from children under the age of thirteen as part of the Website, we do NOT condition the participation of a child under thirteen in the Website’s online activities on providing personally identifiable information.
How Information Is Used
Embrace Wellness, LLC does not sell or rent your contact information to any third parties.
Except as otherwise disclosed to you, we will not sell, rent or disclose your personal information to third parties without notifying you of our intent to share the personal information in advance and giving you an opportunity to prevent your personal information from being shared.
We may use your personal information within Embrace Wellness, LLC and associated websites to:
- conduct and process transactions with you
- improve the Website and the Services offered on the Website;
- enforce legal terms that govern your use of the laws applicable to the Website;
- protect Embrace Wellness, LLC, the Website, Services, systems, information, employees, business partners, service providers, Users, Contributors or other parties; and
- or any other purposes for which the information is collected and maintained.
We may use your non-personally identifiable information to analyze the usage of the Website, improve the design and content of the Website, deliver relevant marketing messages, personalize your Internet experience, and offer you products and Services. In some cases, we may use your IP address to identify you in order to enforce any legal terms that govern the Website or to protect Embrace Wellness, LLC, the Website, Services, systems, information, employees, business partners, service providers, Users, Contributors or other parties from injury or harm.
How Information is Shared
At times we may disclose your personal information as required by law such as to comply with a subpoena, or similar legal process. We may also be required to disclose information about you if we determine that for security, law enforcement, or other issues of public importance, disclosure is necessary.
How Information is Protected
Embrace Wellness, LLC takes reasonable security measures to protect the security and confidentiality of your personal information that we collect and maintain against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction. However, we cannot guarantee the security of your personal information or that any communication or transmission of such information over the Internet will be entirely secure.
Embrace Wellness, LLC and the Website use secure encryption, provided by a third party, on some web pages where credit card information is required. To make purchases from any of the Embrace Wellness, LLC web pages you must use a modern SSL-enabled browser such as Safari, Firefox or Chrome. Doing so helps protect the confidentiality of your personal and credit card information while it’s transmitted over the internet.
You can help us by also taking precautions to protect your personal data when you are on the internet. Change your passwords often using a combination of letters and numbers, and make sure you use a secure web browser. Email is not recognized as a secure medium of communication. For this reason, we request that you do not send private information to us via email.
Third-Party Websites and Links
Embrace Wellness, LLC may link to websites, products and services operated by third parties. Embrace Wellness, LLC is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any third party website, any website accessed from a third party site, or any changes or updates to such sites.
These linked websites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a third party site and agree that Embrace Wellness, LLC is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the website administrator for the applicable third party site if you have any concerns regarding such links or the content located on any such third party site.
Your use of this website shall be governed in all respects by the laws of the State of Kansas, U.S.A., without regard to choice of law provisions. Except to the extent that applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of Kansas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Johnson County, Kansas.
You may have the right to “opt in” and “opt out” of certain uses of your personal information. For example, at the time you are requested to provide personal information on our Website, you may have the opportunity to elect to, or not to receive correspondence from us. You may opt out of any email communications with Embrace Wellness, LLC by clicking the opt-out link in our messages, or by sending us a message stating that you would like to be removed from a specific email list, or all communications entirely. Please note that you cannot unsubscribe or opt-out from certain correspondence from us, including messages relating to your account transactions. You may be contacted by an Embrace Wellness, LLC representative in connection with your relationship to us after purchasing a product or Service in order to deliver this product or Service or ensure excellent customer service.
Embrace Wellness, LLC is not responsible or liable in any manner for any User Content or Third Party Content posted on the Website or in connection with the Services.
The Website and the Services may be temporarily unavailable from time to time for maintenance or other reasons. Embrace Wellness, LLC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Embrace Wellness, LLC is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to Users or to any other person’s computer related to or resulting from participating in connection with the Website and/or in connection with the Services. Under no circumstances will Embrace Wellness, LLC be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Website or the Services, any User Content or Third Party Content posted on or through the Website or the Services or transmitted to Users, or any interactions between Users of and Contributors to the Website, whether online or offline.
Except as otherwise specifically provided, the Website and the Services offered on the Website are provided on an “as is” and “as available” basis and without warranties of any kind, unless specifically set forth otherwise. To the fullest extent permissible pursuant to applicable law, Embrace Wellness, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Embrace Wellness, LLC cannot guarantee and does not promise any specific results from use of the site and/or the service. No information on this Website is or should be used for purposes of diagnosis, treatment or curing of disease. Our goal is to teach you skills and habits that could help you prevent some of the chronic inflammatory disease of our time. No promise can be made for complete disease prevention. The owner and operator of Embrace Wellness, LLC is a Registered Nurse and Certified Health Coach, not doctor or registered dietician, and any information provided is not a substitute for seeking your own medical advice. It is important to consult your health care provider with any questions you may have regarding a medical condition and before undertaking any diet, supplement, fitness, or other health program.
Embrace Wellness, LLC does not represent or warrant that the functions contained on the Website will be uninterrupted or error-free, that the defects will be corrected, or that the site or the server that makes the Website available are free of viruses or other harmful components.
Embrace Wellness, LLC does not make any warranties or representations regarding the use of the Services on the Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Applicable law may not allow limitations or exclusions on warranties, so the above limitations may not apply to you.
Embrace Wellness, LLC shall not be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Website or the Services, even if Embrace Wellness, LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You expressly agree that your use of or inability to use any of the products or Services is at your sole risk. By purchasing any product or Service, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your health, wellness or results of any kind.
The owner and operator of Embrace Wellness, LLC is a participant in the Amazon Services LLC Associates Program and additional affiliate programs with various companies directly. These affiliate advertising programs are designed to provide a means to earn advertising fees by advertising and linking to http://amazon.com or applicable company websites. For the purposes of disclosure, assume all links are affiliate links. The owner and operator of Embrace Wellness, LLC may make a small commission through purchases made on through these links, but your price stays the same.
In some cases, the owner and operator of Embrace Wellness, LLC may also use a link and provide a discount code for an item. In these cases, the owner and operator of Embrace Wellness, LLC may still earn an affiliate commission and the price may actually be LESS for you by using this link.
Your support is appreciated to help maintain this website.
Governing Law; Venue and Jurisdiction
You agree to indemnify and hold Embrace Wellness, LLC, its subsidiaries and affiliates, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any User Content, any Third Party Content you post or share on or through the Website, your use of the Services or the Website, your conduct in connection with the Services or the Website or with other Users of the Service or the Website, or any violation of this
In accordance with the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003, 16 CFR Part 316 (CAN-SPAM), Embrace Wellness, LLC follows all applicable digital communication laws. As part of our Services, a valid email address is required to leave a comment, purchase a product, join our member library, interact on social media, and receive our newsletter. You may unsubscribe from email correspondence at any time, however, by doing so, you will lose access to prior subscriptions, purchases, and account information. If your attempts to unsubscribe from our communication have been unsuccessful, please email email@example.com and your account will be permanently removed from our system.
Embrace Wellness, LLC complies with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). All content on the Websites is the original work of the author unless otherwise noted, cited or quoted. If you believe that anything on the Website constitutes infringement of your copyright, please notify us using the following procedure:
The DMCA specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following:
- A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;
- A description of the copyrighted work claimed to have been infringed (multiple claims of copyright works at a single online site are covered by a single notification);
- A description of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and an email address;
- 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
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or agent authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Submit this information electronically to: firstname.lastname@example.org
Embrace Wellness, LLC will respond to any DMCA complaints in a timely manner and will remove any material that is found to be a copyright infringement.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Embrace Wellness, LLC has adopted a policy of terminating, in appropriate circumstances and at their sole discretion, members who are deemed to be repeat infringers. Embrace Wellness, LLC may also at its sole discretion limit access to the Website of any Users or Contributors who infringe any intellectual property rights of others, whether or not there is any repeat infringement.