OUR ACCEPTANCE OF THESE TERMS OF USE

These Terms of Use (“Terms”) apply to all users of this website and any related applications (“Site”). These

Terms also apply to all purchasers and participants in our programs, services, or products (“Services”),

including but not limited to nutrition coaching and strength programs, whether delivered via this Site or a third- party platform like Trainerize. By using this Site or by purchasing or participating in any of our Services, you are agreeing to comply with and be bound by these Terms with Emily Moore Nutrition, LLC (“we,” “us,” “our”).

If you do not agree to these Terms, you may not access or use this Site or any of our Services.

HEALTH, FITNESS, AND MEDICAL DISCLAIMER

Our Site and Services provide information related to health, fitness, and nutrition for educational purposes only.

You must read and agree to the following before using our Site or Services:

• For Informational and Educational Purposes Only: All content on this Site and provided through our Services is for informational and educational purposes only. While Emily Moore is a Registered Dietitian, the Services provided are not intended to diagnose, treat, or manage any medical condition and do not constitute medical nutrition therapy or clinical dietetics.
• Not Medical Advice. The information provided is not a substitute for professional medical advice, diagnosis, or treatment. We are not licensed medical professionals. Always seek the advice of your physician or another qualified healthcare provider with any questions you may have regarding a medical condition or before making any changes to your diet, exercise routine, or lifestyle. Never disregard professional medical advice or delay seeking it because of something you have read on this Site or received through our Services.
• Personal Responsibility and Assumption of Risk. You acknowledge that you are voluntarily using our Site and participating in our Services, and you alone are solely and personally responsible for your results. You accept full responsibility for the consequences of your use, or non-use, of any information provided. You understand that any form of diet or exercise program involves inherent risks, and you agree to assume full responsibility for any and all risks of injury or harm.
• Consult a Physician: You represent that you are in good physical condition and have no medical reason or impairment that would prevent you from participating in the programs or services. You should consult with your physician or other qualified healthcare provider before beginning this or any other fitness program to determine if it is right for your needs. Do not start this Program if your physician or healthcare provider advises against it. If you experience faintness, dizziness, pain, or shortness of breath at any time while exercising, you should stop immediately and consult a medical professional.
• FDA Disclaimer: Statements made on this Site regarding dietary supplements or related products have not been evaluated by the U.S. Food and Drug Administration (FDA). These products are not intended to diagnose, treat, cure, or prevent any disease.
• No Guarantee of Results: We make no guarantees concerning the level of success you may experience, and you accept the risk that results will differ for each individual. The testimonials and examples provided are exceptional results, which do not apply to the average purchaser and are not intended to represent or guarantee that anyone will achieve the same or similar results

YOUR ACCEPTANCE OF OUR PRIVACY POLICY

By agreeing to these Terms, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy.

In consideration of your use of this Site and our Services, you agree that to the extent you provide personal information to us, it will be true, accurate, current, and complete, and that you will update all personal information as necessary. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.

OWNERSHIP AND INTELLECTUAL PROPERTY

Emily Moore Nutrition, LLC owns all intellectual property rights in (a) all text, logos, images, headers, trademarks, and all other protected elements on the Site; (b) all materials provided as part of the Services, including workout plans, videos, guides, and educational content (“Program Materials”); and (c) any other intellectual property rights afforded to us by law (“Intellectual Property”).

You are granted a limited, non-transferable license for personal, non-commercial use only and agree not to reproduce, duplicate, copy, sell, resell, create derivative works from, or exploit any portion of the Intellectual Property without our express written permission. Except as stated within, we do not grant you any rights to any Intellectual Property. You agree not to make unauthorized use of or otherwise infringe upon our Intellectual Property in any way.

THIRD-PARTY GENERATED CONTENT

The Site may contain content generated from third parties, including but not limited to comments. We do not guarantee the accuracy, integrity, or quality of third-party-generated content. We are not responsible for

statements, advice, or opinions made by anyone other than our authorized spokespersons.

AFFILIATE DISCLOSURE

This Site may contain affiliate links, which means we may receive a small commission if you make a purchase through those links, at no extra cost to you. We are a participant in the Amazon Services LLC Associates Program. As an Amazon Associate, we earn from qualifying purchases. We only recommend products and services we genuinely use and believe in, and it is your personal responsibility to evaluate if they are appropriate for you.

DISCLAIMERS

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE, ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE OR OUR SERVICES. THIS SITE, ITS CONTENT (INCLUDING USER-GENERATED CONTENT), AND ALL SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, EMILY MOORE NUTRITION LLC, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SITE, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, AND MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE, OR OPINIONS CONTAINED IN USER-GENERATED CONTENT, AND SUCH STATEMENTS, ADVICE, AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE, AND OPINIONS OF THE SITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT BE APPLICABLE TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR PARTICIPATION IN OUR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACKUP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS.

WAIVER

Our failure at any time to require performance of any provision of these Terms or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

SEVERABILITY

If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these Terms will remain in full force and effect.

GOVERNING LAW, JURISDICTION, AND VENUE

These Terms and our Privacy Policy will be governed under the laws of the Commonwealth of Virginia without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms will be adjudicated exclusively in the state or federal court of competent jurisdiction for the City of Richmond. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes.

Notwithstanding the foregoing, Emily Moore Nutrition, LLC may also bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use is taking place or originating. If either party to this agreement brings a legal action against the other party to these Terms to secure the specific performance of the Terms, collect damages for breach of this agreement, or otherwise enforce or interpret these Terms, the prevailing party will recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.

INDEMNITY

You agree to indemnify, defend and hold harmless Emily Moore Nutrition, LLC from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of, your use of this Site or participation in our Services in violation of these Terms and/or arising from a breach of these Terms.

THESE TERMS OF USE MAY CHANGE

We reserve the right to change these Terms from time to time, consistent with applicable laws and principles.These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site or our Services after we have posted the revised Terms constitutes your agreement to be bound by the revised Terms.

ENTIRE AGREEMENT

These Terms (together with our Privacy Policy and any other click-through agreements applicable to you) contain the entire understanding and agreement between you and Emily Moore Nutrition, LLC with respect to this Site and our Services and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic.

DEFINITIONS

• The term “Content” refers to all of the software and codes comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site.
• The terms “Emily Moore Nutrition, LLC,” “we,” “us,” and “our” refer to Emily Moore Nutrition, LLC.
• The terms “You” and “Your” refer to any user of our Site or purchaser and participant in our Services
• The term “including” means “including but not limited to.”
• The term “Site” refers to any website, application, or service owned by Emily Moore Nutrition, LLC on which these Terms are posted.
• The term “Services” refers to any and all programs, services, products, or consultations offered by Emily Moore Nutrition, LLC.

QUESTIONS

If you have any questions about this Site or these Terms, please contact us via email at [email protected].