The following terms ("Terms of Use") constitute an agreement between Veggies & Virtue, LLC. ("Veggies & Virtue"), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by Veggies & Virtue ("Website"), located at http://veggiesandvirtue.com.

Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. Veggies & Virtue reserves the right to modify, alter, amend or update its Website, policies and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website.

PURCHASE POLICIES

On the Website, you may purchase products, such as consulting sessions, courses, and meal plans ("Products").

Photo Food Logging & Private Consultations

On the Website, you may purchase Photo Food Logging Services and Private Consultations (“Services”). To engage Veggies & Virtue in the Services, you may be required to complete additional paperwork prior to forming a direct client relationship with Veggies & Virtue. The refunds policies outlined in this Terms of Use will apply unless they are overridden by a separate Client Agreement for the Services.

Refund Policy

Refunds are not available for Products or Services.

Cancellation Policy for Services

You agree to notify Veggies & Virtue of cancellation of any appointments/ sessions with a minimum notice of TWENTY-FOUR (24) hours prior to the scheduled start time, via EMAIL to ashley@veggiesandvirtue.com. If such notification is not received by Veggies & Virtue at least 24 hours before the scheduled time, payment for that session will be forfeited and the appointment may not be rescheduled.

Neither party shall be liable for delay or failure to attend a scheduled session if such delay or failure is caused by any circumstances beyond their reasonable control. Determination of such reasonableness is in the sole discretion of Veggies & Virtue.

PRIVACY POLICY

What Personal Information Does the Website Collect and How Is This Personal Information Used?

The Website may receive and store information that you voluntarily submit through the Website for the purpose of subscribing to the Website to receive newsletters, making purchases, enrolling in the Membership Site, or for the purpose of leaving comments on blog posts.

The Website may receive and store certain types of usage-related information when you interact with the Website, including, but not limited to, your computer's IP address and browser information. The information we collect is used to customize the content and/or layout of our page for each individual visitor.

The Website uses Google Analytics to track statistics regarding our audience and Website traffic. No personally identifiable information is transferred from the Website to Google Analytics. For more information on Google's Analytics privacy policies, please visit this site.

The Website uses cookies to store visitors’ preferences, record user-specific information on what pages users access or visit, ensure that visitors are not repeatedly sent the same banner ads, customize Website content based on visitors’ browser type or other information that the visitor sends. Cookies may also be used by third-party services, such as Google Analytics, as described above.

From time to time, the Website may engage in sponsored campaigns with various influencer networks, brands, and agencies. All sponsored content is duly disclosed in accordance with the FTC's requirements. From time to time, these sponsored campaigns utilize tracking pixels, which may contain cookies to collect data regarding usage and audience. This information is collected by the sponsoring company to track the results of the campaign. No personally identifiable information collected by the Website is used in conjunction with these tracking pixels.

The Website may engage in affiliate marketing, which is described more fully below. If you click on a link for an affiliate partnership, a cookie will be placed on your browser to track any sales for purposes of commissions.

The Website uses PayPal to service its ecommerce platform. Personal information, such as name, address, phone number, and email address, is collected for purposes of client communication for order fulfillment.

The Website uses Acuity and G suite to service aspects of its online telenutrition practice. Personal information, such as name, address, phone number, email address, and other health information, may be collected for purposes of communication and performance of the Services.

From time to time, the Website may engage in remarketing efforts with third-party companies, such as Google, Facebook, or Instagram, in order to market the Website. These companies use cookies to serve ads based on someone's past visits to the Website. At any time, you may opt out of Google Ads by modifying your Google Ad settings.

Third-Party Use of Personal Information

The Website may provide personal information to an applicable third party in order to provide services. Currently, the Website uses the services of ConvertKit for delivery of email updates. ConvertKit’s use of your personal information is subject to ConvertKit’s Privacy Policy.

As discussed above, the Website uses PayPal for its ecommerce platform. All personal information entered into PayPal will be subject to PayPal's privacy policy.

As discussed above, the Website uses Acuity for its tele-nutrition practice calendar management. All personal information entered into Acuity will be subject to Acuity's Privacy Policy.

As discussed above, the Website uses Google to email, assess, evaluate, and monitor tele-nutrition communications. A Business Associate Agreement (BAA) with Google has been signed with Google by the Website in order to cover the use of Gmail, Google Calendar, Google Drive (including Docs, Sheets, Slides, and Forms), Google Hangouts (chat messaging feature only), Hangouts Meet, Google Keep, Google Cloud Search, Google Sites, Jamboard, and Google Vault services in client communications. All personal health information is kept in agreement with the terms for a HIPAA Business Associate Agreement.

At this time, your personal information is not shared with any other third-party applications. If a new service provider is engaged, these terms will be amended accordingly.

Will the Website Share the Personal Information It Collects?
Except when required by law, the Website will not sell, distribute, or reveal users’ email addresses or other personal information without their consent.

Veggies & Virtue may disclose or transfer personal information collected through the Website to third parties who acquire all or a portion of our business, which may be the result of a merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.

Modification or Deletion of Personal Information
You can decline to submit personal information at any time. If you decline, Veggies & Virtue may not be able to continue to provide service to you. You may request deletion of your personal information by sending an email to info@veggiesandvirtue.co, but in some cases, we may be required to keep your information by law. In such a case, it would no longer be active and would be kept separately in an archive.

CHILDREN'S INFORMATION


The Website does not knowingly collect any personally identifiable information from children under the age of 13. If a parent or guardian believes that the Website has personally-identifiable information of a child under the age of 13 in its database the, please contact us immediately info@veggiesandvirtue.co and Veggies & Virtue will use its best efforts to promptly remove such information from our records.

AFFILIATE MARKETING

From time to time, the Website may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.

Veggies & Virtue, LLC is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and link to Amazon.com.

FTC DISCLOSURE

From time to time, the Website may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with Veggies & Virtue to create content featuring certain messages or product placement. Pursuant to the FTC's requirements, all such advertisements on the Website are clearly and conspicuously disclosed.

Even though compensation (e.g., cash, free product, or services) is received for in exchange for this sponsored content placement, Veggies & Virtue gives its honest opinion, findings, believes, or experiences in such content. All views expressed on the Website are those of the content creator. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question.

CERTIFICATIONS

Ashley Smith is a registered dietitian and has been an active member of the Academy of Nutrition and Dietetics since 2005. As a registered dietitian nutritionist and member of the Academy of Nutrition and Dietetics, Ashley Smith is bound by a code of ethics. Valuing her professional reputation, she strives to be transparent in my work. She also participates in the organization RDs4Disclosure.org.

RDS4DISCLOSURE

By adopting the RDs4Disclosure Guiding Principles, Ashley Smith commits to make public her commitment to providing patients, clients and consumers the information they need, want and deserve to determine the clear intent of my communications.

CODE OF ETHICS

As a registered dietitian, Ashley Smith is bound by a Code of Ethics to refrain from the practice of providing false or misleading information to patients, clients and consumers. The fundamental principles of the Code of Ethics are dietetics practitioners conduct themselves with honesty, integrity and fairness. Dietetics practitioners are also to support and promote high standards of professional practice (for the benefit of clients, the public, and the profession) by reporting perceived violations of the Code of Ethics. Failure to disclose real or perceived conflicts of interest is a direct violation of this code. As registered dietitians increase their online and traditional media presence, the need for open and honest disclosure has become crucial to preserving the integrity of our profession and interests of consumers, as well as adhering to requirements of the Federal Trade Commission.

GENERAL DISCLAIMER

Veggies & Virtue has made every effort to ensure that all information on the Website have been tested for accuracy. Veggies & Virtue makes no guarantees regarding the results that you will see from using the information provided on the Website.

FITNESS CONTENT DISCLAIMER

The Website may discuss topics related to health and fitness, and may include information on exercise and workouts.  Everything provided on the Website is for informational purposes only. Consult a physician or medical professional before beginning any fitness program. Any form of exercise poses inherent risk of injury and by voluntarily engaging in any exercise or workout presented on the Website, you assume the risk of any potential injury that may result. Even if the information provided on the Website is from a certified personal trainer, it is for informational purposes only and the personal trainer has not consulted with you on an individual basis.

The information provided on the Website is provided "as is" without any representations or warranties, express or implied. The Website makes no representations or warranties in relation to the health and fitness topics discussed.

The Website disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website. The Website assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website.

MEDICAL CONTENT DISCLAIMER

The Website may discuss topics related to health, fitness, nutrition, or medicine. This information is not advice and should not be treated as medical advice. The medical information provided on the Website is provided "as is" without any representations or warranties, express or implied. The Website makes no representations or warranties in relation to the medical, fitness, or nutrition information on the Website.

You must not rely on the information on the Website as an alternative to advice from your medical professional or healthcare provider. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment as a result of any information provided on the Website.

MEAL PLANNING & NUTRITION DISCLAIMER

All information provided regarding meal plans and nutrition on the Website is intended to be used for informational purposes only. As stated above, Ashley Smith is a registered dietitian; however, content related to meal planning and nutrition is not medical advice nor is it intended to replace medical advice. The Website is not intended to diagnose, prescribe, or treat any disease, condition, illness, or injury. Before beginning any diet program, modifying your diet, or making changes to the diet of a child in your care, including following the meal plans and nutrition information available on the Website, you should seek advice from a licensed professional.

Veggies & Virtue is not responsible for any liability, loss or damage, caused or alleged to be caused directly or indirectly as a result of the use, application, or interpretation of the material in the meal plans or nutrition information available for purchase on the Website.

The Food and Drug Administration has not evaluated the statements contained in any Products available for purchase on the Website. Individual results may vary.

YOUR RESPONSIBILITY

The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. Veggies & Virtue makes no representations, warranties or guarantees. You understand that results may vary from person to person. Veggies & Virtue assumes no responsibility for errors or omissions that may appear in the Website.

USE OF THE WEBSITE

Unless otherwise stated, Veggies & Virtue owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

The following uses are not permitted:

  • Republication of content from the Website, unless content is specifically and expressly made available for republication;

  • Sale, rental or sub-license of any content from the Website;

  • Reproduction or duplication of any content on the Website for commercial purposes;

  • Modification of any content on this website, unless content is specifically and expressly made available for modification;

  • Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Website is included.

From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of Veggies & Virtue's intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to Veggies & Virtue.

You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without Veggies & Virtue's express written permission.

You must not use the Website to transmit or send any unsolicited commercial communications.

You must not use the Website for any third-party marketing without Veggies & Virtue's express written permission.

COPYRIGHT

Unless otherwise noted, the design, content and all components of the Website are copyrights owned by Veggies & Virtue or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.

TRADEMARKS

Veggies & Virtue's trademarks and trade dress may not be used in connection with any product or service that is not Veggies & Virtue's, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Veggies & Virtue or Ashley Smith.

From time to time, the Website will legally utilize trademarks owned by third parties related to Veggies & Virtue's services. These trademarks are the respective property of their owners.

GRANT OF RIGHTS

You grant Veggies & Virtue a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant Veggies & Virtue the right to sub-license these rights and the right to bring an action for infringement of these rights.

LICENSE FOR USE OF PRODUCTS

All Products available for sale on the Website were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission.

CONTENT CONTRIBUTED TO THE WEBSITE

Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party's legal rights, and must not be capable of giving rise to legal action whether against you or Veggies & Virtue or a third party.

Veggies & Virtue reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Veggies & Virtue's servers; or, (iii) hosted or published on the Website. Veggies & Virtue takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding Veggies & Virtue's rights under the Terms of Use, Veggies & Virtue does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.

COMMENT POLICY

The Website offers the option for you to leave comments, engaging with the Website's posts. The following types of comments will not be tolerated and will be deleted:

  • harassment directed toward any content creator or Veggies & Virtue;

  • spam;

  • hate speech;

  • defamatory to Veggies & Virtue or any third party;

  • reference illegal acts; or,

  • violate the legal rights of a third party.

Veggies & Virtue's sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.

TAKEDOWN REQUESTS

From time to time, the Website will publish posts with images from other third-party websites. Any such use is intended considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement and falls outside of fair use, please send a request to info@veggiesandvirtue.co and we will remove the image within 24 to 48 hours.

COMMUNICATION

If you send Veggies & Virtue an email, register to use the Website or provide your email to Veggies & Virtue in any other way, you consent to receive communications from Veggies & Virtue electronically. You agree that all legal notices provided via electronic means from Veggies & Virtue satisfy any requirement for written notice.

THIRD PARTIES

The Website contain links to third-party websites that are not governed or controlled by Veggies & Virtue. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Website. Veggies & Virtue assumes no control or liability over the content of any third-party sites. You expressly hold harmless Veggies & Virtue from any and all liability related to your use of a third-party website.

Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Veggies & Virtue harmless from any and all liability in any dispute.

NO WARRANTIES

The Website are provided on an "as is" and "as available" basis without any representations or warranties, expressed or implied. Veggies & Virtue makes no representations or warranties in relation to the Website or the information and materials provided therein.

Veggies & Virtue makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Veggies & Virtue is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language. 

LIMITATION OF LIABILITY

VEGGIES & VIRTUE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY

You agree to defend, indemnify and hold Veggies & Virtue, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys' fees and expenses) which Veggies & Virtue suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

ARBITRATION

The Terms of Use will be governed and construed in accordance with the laws of the State of Texas. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Fort Bend  County, Texas. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

MISCELLANEOUS PROVISIONS

If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.

The Terms of Use may not be assigned by you without Veggies & Virtue's prior written consent, however, the Terms of Use may be assigned by Veggies & Virtue in its sole discretion.

The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Website offered by Veggies & Virtue.

All notices with respect to the Terms of Use must be in writing and may be via email to info@veggiesandvirtue.co for Veggies & Virtue and to your email address.