Terms and Conditions
Agreement between User and Lillian Claypool Nutrition
Welcome to Lillian Claypool Nutrition. LillianClaypoolNutrition.com (the "Site") is comprised
of various web pages operated by Lillian Claypool Nutrition ("LCN"). Lillian Claypool Nutrition is
offered to you conditioned on your acceptance without modification of the terms, conditions, and
notices contained herein (the "Terms"). Your use of Lillian Claypool Nutrition constitutes your
agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your
reference.
Lillian Claypool Nutrition is an E-Commerce Site.
This site provides information to people regarding proper nutrition, advertise nutrition coaching services of
Lillian Claypool Nutrition and sell services of nutrition coaching.
Privacy
Your use of Lillian Claypool Nutrition is subject to LCN's Privacy Policy. Please review our Privacy
Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting Lillianclaypoolnutrition.com or sending emails to LCN constitutes electronic communications.
You consent to receive electronic communications and you agree that all agreements, notices,
disclosures and other communications that we provide to you electronically, via email and on the
Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
LCN does not knowingly collect, either online or offline, personal information from persons under
the age of thirteen. If you are under 18, you may use Lillian Claypool Nutrition only with permission
of a parent or guardian.
Cancellation/Refund Policy
Customers may not cancel services before the contracted period. By agreeing to nutrition coaching
through LCN, the user agrees to complete payment for the contracted period. Client will be able
to cancel services after the contracted period ends. Please contact
lillian@lillianclaypoolnutrition.com with any questions.
Links to Third Party Sites/Third Party Services
LillianClaypoolNutrition.com may contain links to other websites ("Linked Sites"). The Linked Sites are
not under the control of LCN and LCN is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any changes or updates to a
Linked Site. LCN is providing these links to you only as a convenience, and the inclusion of any
link does not imply endorsement by LCN of the site or any association with its operators.
Certain services made available via Lillian Claypool Nutrition are delivered by third party sites and
organizations. By using any product, service or functionality originating from the
Lillian Claypool Nutrition domain, you hereby acknowledge and consent that LCN may share such
information and data with any third party with whom LCN has a contractual relationship to provide
the requested product, service or functionality on behalf of Lillian Claypool Nutrition users and
customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
LillianClaypoolNutrition.com strictly in accordance with these terms of use. As a condition of your use of
the Site, you warrant to LCN that you will not use the Site for any purpose that is unlawful or
prohibited by these Terms. You may not use the Site in any manner which could damage, disable,
overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
You may not obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of LCN or its suppliers and
protected by copyright and other laws that protect intellectual property and proprietary rights. You
agree to observe and abide by all copyright and other proprietary notices, legends or other
restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
LCN content is not for resale. Your use of the Site does not entitle you to make any unauthorized
use of any protected content, and in particular you will not delete or alter any proprietary rights or
attribution notices in any content. You will use protected content solely for your personal use, and
will make no other use of the content without the express written permission of LCN and the
copyright owner. You agree that you do not acquire any ownership rights in any protected content.
We do not grant you any licenses, express or implied, to the intellectual property of LCN or our
licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your LCN account to third party accounts. By connecting your LCN
account to your third party account, you acknowledge and agree that you are consenting to the
continuous release of information about you to others (in accordance with your privacy settings on
those third party sites). If you do not want information about you to be shared in this manner, do
not use this feature.
International Users
The Service is controlled, operated and administered by LCN from our offices within the USA. If
you access the Service from a location outside the USA, you are responsible for compliance with
all local laws. You agree that you will not use the LCN Content accessed through
LillianClaypoolNutrition.com in any country or in any manner prohibited by any applicable laws,
restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless LCN, its officers, directors, employees, agents
and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's
fees) relating to or arising out of your use of or inability to use the Site or services, any user
postings made by you, your violation of any terms of this Agreement or your violation of any rights
of a third party, or your violation of any applicable laws, rules or regulations. LCN reserves the
right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject
to indemnification by you, in which event you will fully cooperate with LCN in asserting any
available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and LCN agree otherwise, the arbitrator may not consolidate
more than one person's claims, and may not otherwise preside over any form of a representative
or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. LILLIAN CLAYPOOL NUTRITION AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
LILLIAN CLAYPOOL NUTRITION AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF
ANY KIND. LILLIAN CLAYPOOL NUTRITION AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL LILLIAN CLAYPOOL NUTRITION AND/OR ITS SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF LILLIAN CLAYPOOL NUTRITION OR ANY OF
ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
LCN reserves the right, in its sole discretion, to terminate your access to the Site and the related
services or any portion thereof at any time, without notice. To the maximum extent permitted by
law, this agreement is governed by the laws of the State of Texas and you hereby consent to the
exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use
of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all
provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and LCN as a result of this agreement or use of the Site. LCN's performance of this
agreement is subject to existing laws and legal process, and nothing contained in this agreement is
in derogation of LCN's right to comply with governmental, court and law enforcement requests or
requirements relating to your use of the Site or information provided to or gathered by LCN with
respect to such use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and LCN with respect to the Site and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between the user and LCN with respect to the
Site. A printed version of this agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to this agreement to the
same extent and subject to the same conditions as other business documents and records originally
generated and maintained in printed form. It is the express wish to the parties that this agreement
and all related documents be written in English.
Changes to Terms.
LCN reserves the right, in its sole discretion, to change the Terms under which
Lillian Claypool Nutrition is offered. The most current version of the Terms will supersede all
previous versions. LCN encourages you to periodically review the Terms to stay informed of our
updates.
Contact Us
LCN welcomes your questions or comments regarding the Terms:
Lillian Claypool Nutrition
11211 Westwood Loop
San Antonio, Texas 78253-4761
Email Address:
lillian@lillianclaypoolnutrition.com
Telephone number:
9493028137
Effective as of April 12, 2024
