Effective date November 2020

This is a legally binding agreement (“Agreement”) between you and Kim Braly Nutrition, LLC (“KBN”), governed by the laws of the state of Utah. By using KBN’s website, email list subscriptions and other features (collectively the “Website and Services”), you agree to be bound by this Agreement.

By agreeing to these terms you represent that you are 18 years or older. People under the age of 18 may only use KBN’s Website and Services with the express consent of their parents or legal guardians.

KBN’s Rights

KBN owns all content found on its Website and Services including pictures, graphics, videos, data, use information, text and scripts. Branding collateral such as trademarks, logos, service marks associated with KBN’s Website and Services are the property of KBN, whether identified with copyright or trademark designations or not. Any use of KBN content without its express written permission is prohibited.

KBN reserves the right to make any changes to any of its Website and Services at any time. By continuing to use its Website and Services, you will be agreeing to those changes.

KBN stores any gathered personal data utilizing highly secure technology. You consent to allow KBN to store this data, pursuant to its Privacy Policy.

KBN reserves the right to contact you via email and other forms of electronic communication. Any electronic transmission of messaging will be considered as if done in writing and be legally binding on both parties.

KBN reserves the right to update this Agreement in its sole discretion and will promptly notify you of any changes.

Disclaimer

By visiting the Website, you agree to this disclaimer and all terms contained herein.

This Website contains information based on KBN’s education, research, and experience, and is not necessarily sponsored, approved, recommended or endorsed by the USDA (United States Department of Agriculture), FDA (Food and Drug Administration), NIH (National Institutes of Health), AHA (American Heart Association), ADA (American Diabetes Association), or AND (Academy of Nutrition and Dietetics). KBN’s principal, Kim Braly, is not a medical provider, and the information on this Website is not considered medical advice. You should always consult with your medical team, including your doctor and/or gastroenterologist, before implanting any changes to your diet, lifestyle, or medication intake. Although every reasonable effort has been made to ensure the accuracy of information contained in this Website, inadvertent errors, omissions, or inaccuracies may happen. You use any information found on this Website voluntarily and at your own risk. KBN assumes no liability for the use or misuse of any information found on this Website.

Successful results attained from using information on this Website are not guaranteed. Success is dependent on a multitude of factors beyond KBN’s control, including your own choices, commitment and actions. Any testimonials or examples found on this Website are not guarantees of the achievement of similar results.

This Website may include links or referrals to external websites. KBN does not endorse any views expressed on external websites and cannot guarantee the accuracy of any information you find thereon.

Content Submissions

By submitting content including testimonials and comments, you grant KBN an irrevocable, non-exclusive, perpetual, worldwide, royalty-free right and license to use, display, modify, reproduce, publish and distribute such materials in any manner existing now or to be developed in the future without compensation of any kind to you or any third party.

KBN reserves the right to delete or refuse to post, at our sole discretion, any submitted content for any reason.

KBN does not allow submitted items that contain:

  • Copyrighted materials for which the person submitting does not have the authority to provide a release;
  • Any content that infringes on intellectual property rights of a third party;
  • Obscene, profane, or pornographic content; and
    Personal attacks on others such as slanderous, defamatory, threatening or harassing content.

KBN may monitor content submitted, but it cannot be responsible for the submissions of third parties. If you see something that you believe violates these Terms or spirit of our Products and Services, please contact KBN at kim@kimbralynutrition.com.

Liability

You use the Website and Services at your own risk and agree to release, indemnify and hold KBN harmless from any liability or loss that you or any other person may incur from your or their use, or non-use, thereof. KBN does not assume liability for any loss or damages caused to you or any other third party by use of or reliance on its Website and Services, including but not limited to those caused by accident, misapplication of information, delay, injury, disease, and/or death. You, together with your heirs, agents, representatives, and predecessors and successors in interest, hereby agree to fully and completely indemnify, hold harmless and release KBN from any and all claims you have or may have against KBN, including, without limitation, debts, demands, damages, causes of action, suits, liabilities, levies, executions and/or judgments because of, arising out of, or in any way connected with your use of KBN’s services, other than claims arising from a breach of this Agreement. These releases and obligations will survive this Agreement and your use of the Website and Services.

Dispute Resolution

This Agreement, your use of the Website and Services, and any dispute that might arise between you and KBN in connection therewith are governed by the law of the State of Utah.

In the unlikely event that a dispute arises concerning this Agreement or your use of the Website and Services, you and KBN agree to first attempt to resolve the dispute through mediation. If mediation fails, any legal action must be brought in the Third District Court, in and for Salt Lake County, State of Utah, Salt Lake City Division. The parties shall bear their own costs in mediation, but the prevailing party in any litigation shall be awarded its attorney fees and costs.

You and KBN agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative, action.

Assignment

KBN reserves the right to assign or transfer its rights and obligations under this Agreement. These terms are personal to you and, as a result, you may not, without KBN’s written consent, assign or transfer any of your rights or obligations under this Agreement. There will be no third-party beneficiaries to this Agreement.

Severability

In the event that any part of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of these terms will remain valid and enforceable. KBN can replace any term that is not valid and enforceable with a term of similar meaning, which is valid and enforceable.

Waiver

Any intentional or unintentional failure by KBN to enforce any aspect of this Agreement does not constitute a waiver of all or any part of this Agreement, and will not affect our right to require performance at any subsequent time. The entire Agreement remains in effect.

Complete Agreement

This Agreement, including any terms, conditions and policies expressly referenced herein, together with any legal notices published on our website and/or transmitted to you by either electronic or physical means, will constitute the complete understanding and agreement between you and KBN, and will supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by KBN.

Copyright Complaints

KBN respects the intellectual property rights of others and requires that users of its Website and Services do the same. U.S. copyright law does not protect recipes that include only listings of ingredients. However, Copyright protection may extend to a description, explanation or illustration that accompanies a recipe or formula or to a combination of recipes such as in a cookbook. Should you have a copyright complaint, please contact KBN by email at kim@kimbralynutrition.com.

Contact Information

For questions or comments regarding our Terms or Services, please contact KBN by email at kim@kimbralynutrition.com.