NUTRITION SIMPLIFIED
Welcome!
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The material appearing on this website www.nutritionsimplified123.com (this “Site”), is provided as information about Nutrition Simplified and its online operational platform. The owner of this Site, Kimberly Davies, operating as Nutrition Simplified and its agents, employees and affiliates assume no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction you take based on the information found on or material linked to on this Site.
Any information on this Site is provided for promotional or informational purposes only and is not to be relied upon as a professional opinion. By using this Site, you accept and agree that following and using any information or recommendations provided on this Site is at your own risk.
TERMS AND CONDITIONS
Last modified: August 14, 2019
Please read carefully before using the Site! Your access to and use of this Site is subject to legally binding terms and conditions which you accept and agree to by accessing this Site. If you do not accept these terms, please do not use this Site.
The following terms and conditions form a binding agreement (these “Terms and Conditions”) between you and Nutrition Simplified, a sole proprietorship incorporated in the Province of Alberta (“Nutrition Simplified”). Nutrition Simplified may modify, amend, supplement and replace these Terms and Conditions at any time without providing you with advance notice. Your continued use of this Site after any change means you have accepted the changed Terms and Conditions.
1. Trademark & Copyright. Logos for Nutrition Simplified are trademarks of Nutrition Simplified and its affiliates (the “Marks”). You must obtain written permission from Nutrition Simplified to use the Marks. All materials created by Nutrition Simplified on the Site are protected by Canadian copyright laws as original works. The absence of a registered copyright symbol does not mean that such materials are not protected as belonging to Nutrition Simplified. The contents of this Site are all copyrighted by Nutrition Simplified, unless otherwise noted. You must obtain written permission from Nutrition Simplified to use the contents of the Site in any manner not authorized by these Terms and Conditions.
2. Links to Third Party Websites. This Site may contain links to third-party websites. All such linked sites, materials and pages are not under the control of Nutrition Simplified and Nutrition Simplified is not responsible for the content contained in any linked website nor for any losses or damages you may incur as a result of the use of any third-party website. Nutrition Simplified accepts no liability for any errors or omissions contained in third party websites. These links are provided to improve your use of this Site, enable you to connect with Nutrition Simplified on various platforms, and help Nutrition Simplified offer the easiest services for you and conduct transactions.
3. Use License. If Nutrition Simplified have materials on the Site which you can download, permission is granted to download copies of the materials for personal, non-commercial viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
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modify or copy the materials;
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use the materials for any commercial purpose or for any public display (commercial or non-commercial);
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transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Nutrition Simplified at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
4. Refunds. You will be entitled to a full refund within the first 14 days from purchase. After that point, you will not be entitled to any refund for any purchases made.
5. Entire Agreement. These terms and conditions and any other legal notices, policies and guidelines of Nutrition Simplified linked to these terms and conditions or contained on this Site constitute the entire agreement between you and Nutrition Simplified relating to your use of this Site and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter. These Terms and Conditions may not be amended or modified except by Nutrition Simplified. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, that portion or provision shall be enforced to the maximum extent permissible so as to effectuate the intent of the parties as reflected by that provision, and the remainder of these Terms and Conditions shall continue in full force and effect. Failure by Nutrition Simplified to enforce or exercise any provision of these Terms and Conditions shall not constitute a waiver of that right. Paragraph headings are for reference only.
6. Site Terms of Use Modifications. Nutrition Simplified may revise these terms of use for its website at any time without notice. By continuing to use the Site after Nutrition Simplified modifies these Terms and Conditions, you are agreeing to be bound by this updated version of these Terms and Conditions.
7. Limitation of Liability. In no event shall Nutrition Simplified or its affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to view or use the materials or content on Site, even if Nutrition Simplified has been notified orally or in writing of the possibility of such damage.
8. Governing Law. Any claim relating to Nutrition Simplified’s website shall be governed by the laws of the Province of Alberta without regard to its conflict of law provisions.
9. Indemnity. As a condition of your use of this Site, you indemnify and hold harmless Nutrition Simplified and its directors and affiliates from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting or arising from your use of this Site.
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PRIVACY POLICY
Last modified: August 14, 2019
Nutrition Simplified understands how important your privacy is. This privacy policy (“Privacy Policy”) sets out the privacy policies and practices for Nutrition Simplified and its subsidiaries and affiliates (collectively, “Nutrition Simplified”) with respect to how Nutrition Simplified collects your personal information. It also describes how Nutrition Simplified maintains, uses, and discloses personal information. This Privacy Policy applies to information collected from you by Nutrition Simplified via this website, www.nutritionsimplified123.com, and other websites operated or provided by Nutrition Simplified and various subdomains (collectively, the “Sites”) and other places on the Sites where we may collect your personal information. This Privacy Policy also sets out how you can access certain information that Nutrition Simplified collects about you. In this Privacy Policy, “Personal Information” means information about an individual whose identity is apparent or can be reasonably ascertained from the information as further defined under applicable privacy laws.
Please note that the Sites may contain links to other third-party websites that are not controlled or operated by Nutrition Simplified. This Privacy Policy does not apply to such third-party websites, and Nutrition Simplified is not responsible for the content of such third-party websites or the privacy practices of such third parties. Nutrition Simplified encourages you to request and review the privacy policies of any third parties upon disclosing your Personal Information to such parties or when visiting such third-party websites.
1. Consent of Collection of Information. By submitting Personal Information to Nutrition Simplified or any of its service providers, you agree and consent to the collection of your Personal Information and consent to the use, disclosure and transfer of your Personal Information in accordance with the provisions of this Privacy Policy. You may always refuse or withdraw your consent by contacting Nutrition Simplified at kim@nutritionsimplified123.com. You understand that if you withdraw your consent, Nutrition Simplified may not be able to continue to offer its services and provide its information to you.
2. Revisions to this Privacy Policy. Nutrition Simplified reserves the right, in Nutrition Simplified’s sole discretion, to change, modify, add or remove portions of this Privacy Policy at any time and from time to time, without prior notice to you. Nutrition Simplified will treat your continued use of the Sites following such revision as your acceptance of the revised terms. All revisions will be posted to the Sites and will apply to any Personal Information collected on or after the date posted. Nutrition Simplified will obtain the necessary consents required under applicable privacy laws if it seeks to collect, use or disclose your Personal Information for purposes other than those to which consent has been obtained unless otherwise required or permitted by law.
3. What Personal Information does Nutrition Simplified collect and how is it processed?
3.1 What do we collect? Nutrition Simplified collects your name, email address and phone number.
3.2 Newsletter. We will ask for both your name and email address in order to send you our newsletter through Mailchimp. We will only contact you through our newsletter for promotional or informational purposes. Subscribing to our newsletters is optional.
3.3 Phone Number. We will collect your phone number and we may contact you via phone if there is an exciting new listing or we feel there is information which would be beneficial to share with you. In accordance with everything outlined in this policy, if you do not want to be reached by phone, you can ask us not to contact you via phone or you can choose not to share your phone number.
3.4 Third Parties. Nutrition Simplified may work with third party applications in order to provide you with the best services on the Sites. These organizations may collect Personal Information from you in order to provide you with these services including your name and contact information. Specifically, the third parties Nutrition Simplified works with on the Sites are listed below. We’ve included links to their Privacy Policies to ensure you are comfortable using them.
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PayPal: https://www.paypal.com/us/webapps/mpp/ua/privacy-full
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MailChimp: https://mailchimp.com/legal/privacy/
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Practice Better: https://practicebetter.io/privacy/
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Stripe: https://stripe.com/en-ca/privacy
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Fullscript: https://fullscript.com/privacy-policy
4. How will Nutrition Simplified use your Personal Information?
Your Personal Information will be used to provide you with promotional and informative materials and offer and deliver the products and services you can purchase or subscribe to from the Sites. Specifically,
a) Your credit card information will not be kept by Nutrition Simplified but instead by one of the third parties listed in section 3.4 above;
b) Your name and e-mail address are collected but will not actually be stored on the Sites. Any information captured will be processed through third party websites in section 3.4 above.
c) Your phone number will be used to contact you via phone if there is information we would like to share which we feel would benefit you;
d) If you subscribe to our newsletter your information will be used to send the newsletter to you;
e) If we send you the Newsletter for marketing purposes, we may use your contact information to send you emails about promotions, special events and other marketing information. You can opt not to receive these emails from us by either clicking “unsubscribe” at the bottom of the email when you receive it or by sending an email that includes your email address and a request that you not receive our promotional emails;
f) We may use your Personal Information to respond when you submit a question or suggestion to us, or when you request assistance with the service you purchased.
g) We may share your information if we believe in good faith that disclosure of your information is required to protect your safety or the safety of others, to investigate a fraud, or to respond to a government, judicial or other legal request or to comply with the law;
h) We may also share certain aggregated, anonymized information with a third-party provider in order to assist us is improving the Sites.
5. Storing Your Personal Information. Nutrition Simplified’s web server may store your Personal Information when you interact on the Site. Nutrition Simplified will be happy to delete any of your information it holds upon a written request made by you. Your Personal Information will be safely disposed of by Nutrition Simplified.
6. Storing Your Phone Number. Your phone number will be kept in the phone or contacts database of Nutrition Simplified and associates. Wherever it is stored, it will always be protected with a password and will never be shared with third parties without your permission.
7. We Play by The Rules. The Sites and Nutrition Simplified abide by all relevant Canadian laws in all aspects of our operations. As such, we abide by all the rules of CASL (Canadian Anti-Spam Laws) and the Personal Information Protection and Electronic Documents Act (PIPEDA). If you’ve got any questions about our compliance with this legislation, feel free to reach out to kim@nutritionsimplified123.com.
8. Do Not Track Signals. Nutrition Simplified currently does not recognize or respond to browser-initiated Do Not Track (DNT) signals, as the Internet industry is currently still working on Do Not Track standards and there is no accepted standard on how to respond to such signals.
9. Analytics. The Sites keep the following information from your visits to our webpage:
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Visitor information to improve our customer engagement which tells us where and when people visit the Sites and how long they stay there; and
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IP information for website and server security
10. Cookies. The Sites use ‘cookies’ to keep a record of the number of times you’ve visited the Sites and how you interacted with the Sites during each visit. In addition to this, the Sites also use cookies which are not absolutely essential for your use of the Sites. Your continued use of the Sites serves as consent for these cookies.
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You might be wondering what a cookie is. Well, it is a small text file that gets sent by the servers of the Sites to your hard drive and can only be read and interpreted by the Sites’ servers. No Personal Information is stored in the cookie and there is nothing on it which can identify you personally.
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Why do we use cookies? Despite being an awesome word generally, cookies help the Sites understand how you interact while visiting the Sites and what your preferences are and thus can improve your experience on the Sites. If you do not want cookies from the Sites, simply adjust the settings in your web browser to disable cookies. This may change the way you access the Sites, including an inability to use the Sites, but of course it is your choice to do so.
11. Disclosure of Personal Information. Nutrition Simplified will NEVER sell or license any Personal Information we collect from you. Nutrition Simplified is not liable for any disclosure of your Personal Information by any third party, particularly the ones outlined in section 3.4 above. By purchasing coaching programs and products offered by Nutrition Simplified, you agree to be bound to and consent to the provisions of our third parties’ Privacy Policies.
12. Jurisdiction. This Privacy Policy and the use of the Site are governed by Canadian laws and the laws of the Province of Alberta. If a dispute arises under this policy, we agree to first resolve it through binding arbitration to take place in the Province of Alberta.
13. Your Consent. By choosing to provide Nutrition Simplified with your Personal Information you are consenting to its collection, use and disclosure in accordance with the principles outlined in this Privacy Policy. If you are under the age of 19, you must not provide any personal information to us without the consent of your parent or guardian, or as otherwise provided for by applicable law.
14. Protecting Your Privacy. Nutrition Simplified is committed to protecting your privacy. Security measures, such as using passwords on email servers have been adopted to protect your Personal Information against loss or theft, unauthorized access, disclosure, copying, use or modification. You are responsible for maintaining the confidentiality of your password. Online transactions are completed using third party applications outlined in section 3.4 above. Please refer to the third parties’ Terms and Use and Privacy Policies, of which links have been provided above, for clarification on how your transaction and Personal Information will be handled. Nutrition Simplified makes no promises, warranties or representations about the manner in which your Personal Information is handled by third parties and bears no liability whatsoever for your use of them.
15. The Internet Can Be Sketchy. The internet is, by its nature, inherently open and subject to interception of information. We cannot guarantee that the information you provide to Nutrition Simplified over the internet or otherwise will not be intercepted by third parties while it is being communicated by means that are outside Nutrition Simplified’s control.
16. Verifying and Amending Your Personal Information. Nutrition Simplified tries to ensure that all Personal Information about you that is in our possession is accurate, complete and up-to-date. Please contact us at kim@nutritionsimplified123.com to advise us of any changes to your personal information. You may request access to the Personal Information held by Nutrition Simplified at any time or seek to make corrections to it.
17. Resolving your concerns. If you have any questions or concerns about Nutrition Simplified’s Personal Information collection, use and disclosure practices, please let us know at kim@nutritionsimplified123.com and we will do our best to help you.
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DISCLAIMER
Last modified: August 14, 2019
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This website and all of the information on it and services provided through it is owned by Kimberly Davies operating as Nutrition Simplified (“Nutrition Simplified”, “we”, “our” and “us”).
This disclaimer (the “Disclaimer”), in concert with our Terms and Conditions and Privacy Policy determine the rules of how you can use the website, www.nutritionsimplified123.com (the “Site”) and how you access our content and services, either as a paying customer or simply as a website visitor. We highly encourage you to read this Disclaimer and our Terms and Conditions and Privacy Policy before you explore our Site, just so you are clear on expectations from using the Site.
Your continual use of the Site will be deemed acceptance of the terms in our aforementioned documents. Of course, if you do not wish to be bound by our terms, policies and disclaimers, you can always leave the Site immediately and never return. The choice is always yours.
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No Guarantees
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You are going to see these words, ‘No Guarantees’ a lot in our Disclaimer, so we thought we would put it front stage and centre. What does No Guarantees mean? It is very basic, and the words are meant to have their exact meaning: we make NO GUARANTEES about any success that you’ll get from our Site or our products and services. We will do everything for you to succeed, but we make No Guarantees.
You understand that Nutrition Simplified makes no guarantees whatsoever regarding any results based on any action or inaction relating to your life based on the information we share or services we sell through the Site. At the end of the day, we will not be responsible or make any promises for what will happen in your life. Even if you’ve worked with Nutrition Simplified as a client before and had certain results, we make no guarantee that will happen again. We cannot be any more clear about this: we love you, but we make no promises regarding results and make no guarantees whatsoever.
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Intention
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The intention of the information we share and post on the Site is for informational and promotional purposes only. We have learned awesome things about health, coaching and business and we’re happy to share this with you.
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You are Responsible for Your Own Actions
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Just to be clear, you are fully responsible for any actions you do or do not take while interacting with the Site. As a condition of using this Site, you agree you will be prudent and consult with a professional and/or your medical doctor before taking any significant decisions regarding your life based on information you find on the Site.
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Qualifications + Not Professional Advice
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Kimberly Davies holds the following qualifications and does not represent or warrant that they have any professional qualifications outside of what is listed below:
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Licensed Holistic Nutrition Practitioner™
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Nutraphoria School of Holistic Nutrition - educated
You understand you cannot hold us liable in any way for any actions you take or do not take based on our content on this Site. Feel free to use the information on the Site as a cool resource for ideas and information on health, but act or do not act on it only if you want. Hire a professional, seek professional advice, or consult your medical doctor if you are making important decisions for your life and health but understand you can’t hold us responsible for how you interact with the information on our Site.
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Not a client...yet!
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By accessing and using the Site, there is no client-professional relationship created between you and Nutrition Simplified. You will only be a client once you sign a contract that we send to you, officially creating a professional-client relationship. We hope to work together with you soon, but until we sign an agreement together, you are not a client. By continuing to use the Site, you acknowledge that for the moment, we are just pals.
Mistakes
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We try our best. We really do. All of the content we put on the Site is intended to be as accurate as possible and to be as helpful as possible in providing you with helpful information for your life. But we ask you to understand that not everything we include on the Site may be accurate or entirely true. Of course, we’ll never intentionally mislead you, but it may be that we are human (well, we are!) and we make a mistake. Or, it is possible that we forget to include something in sharing our information on the Site. As such, we ask you to take the information on the Site with a grain of salt, not to rely entirely on what we share and accept that some of our content may be incorrect. Again, if you have any issues with this, you are always welcome to stop using the Site.
Sharing Things We Love
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While creating content for the Site, we’ll often share other authors we love or cool products and amazing things that light us up which we want to share with you! For the majority of what we review, we are doing so from our heart without any ancillary benefit to us except knowing that we are sharing something we love. In alignment with everything shared on this Site, we ask you to take our shares exactly for exactly what they are: us sharing cool things with you. What we share is not professional advice and we ask you not to rely solely on our opinion of what we think is incredible. If we have some form of relationship with a company or product where we get a kickback or benefit from them, we will explicitly disclose that information for your clarity and our peace of mind.
Online Affiliations
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If we provide a link to an affiliated service or some form of partnership of a business we work with, we will let you know. Also, just a heads up - if we have an affiliation with a company, it is because we think they are wonderful at what they do and want to share their services with you. You will always retain the right to choose to work with another company, business or professional if you like and we ask you not to rely solely on our recommendations. You will always be the one to decide if a purchase feels right and we encourage you to be diligent in making any such decisions. If we get a kickback from an affiliation, it never comes at a cost to you.
Testimonials
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We are super proud of our amazing clients whom we have helped achieve incredible results. We want you to know that all of these testimonials are from actual clients and all of their words, feelings and results are totally authentic. Please note however, that while these testimonials showcase incredibly hard working and talented individuals, their results are a product of their hard work and efforts. Further, their success is NO GUARANTEE for results you will get from working with Nutrition Simplified. Everyone is different and everyone will have different results. We have chosen to highlight some of our favourite clients and have them explain our services in their own words.
No Warranties
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Nutrition Simplified makes no promises that the Site or third-party programs we use to offer our services and products will always be operational. If something goes wrong, obviously, we’ll do everything we can to fix it ASAP. We also make no representations or warranties of any kind around any of the content we produce or share on the Site. To the maximum extent permissible by the Province of Alberta’s laws, Nutrition Simplified disclaims all warranties regarding all information, products and services offered on or through the Site.
Releasing Nutrition Simplified of Liability
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Nutrition Simplified will not be liable for any actions you do or do not take based on the information on the Site and products or services sold through the Site. None. Nutrition Simplified will not be liable for any damages based on your participation of using the Site or through anything you have purchased through the Site.
Further, you understand that by the fullest extent permissible by law that Nutrition Simplified will not be held responsible for any form of damages or any legal claims against it based out of your use of the Site and through any of the services or products purchased through the Site.
Reach Out
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Please feel free to connect with Nutrition Simplified to ask us any questions. All communications should be directed kim@nutritionsimplified123.com. If you have any questions whatsoever prior to signing this Disclaimer, we will provide you with an honest answer to make sure you make the best decision for you.
Thanks so much and we appreciate you reading our Disclaimer!
With Love,
Nutrition Simplified