Terms & Conditions

Please read these Terms & Conditions carefully and in their entirety before using www.EmmaTheNTP.com (hereinafter referred to as the “Site”). The Site and its content are owned by Emma OneBear, NTP.

PURPOSE: These Terms & Conditions clearly explain the rules, terms, and conditions for using, viewing, and/or browsing the Site and/or purchasing or downloading any course, program, service, or product offered on or by us or the Site.

IMPORTANT NOTES:

By using the Site in any capacity, you voluntarily agree to these Terms & Conditions. You acknowledge that you have read, understood, and consented to these Terms & Conditions. If you have any questions, please contact us at EmmaSwann.NTP@gmail.com.

You must be at least 18 years old and legally capable of consenting to these Terms & Conditions. If you are under the age of 18, or do not agree with these Terms & Conditions as stated herein, please STOP now and do not use this Site or its content. By using the Site, you agree to these Terms & Conditions as stated herein, regardless of whether or not you have read them.

These Terms & Conditions contain an Arbitration Clause and require you to dispute or resolve any claim with us through Arbitration. By agreeing to these Terms & Conditions, you agree to the Arbitration Clause in Paragraph No. 18 and voluntarily waive your right to a jury trial.

By proceeding on the Site, you hereby agree to the following:

1. Definitions:

  • “Company,” “We,” “I,” “Our,” or “Us” means Emma OneBear, NTP and our website, www.EmmaTheNTP.com.

  • “Content” means any and all written, visual, video, or audio information contained on the Site, including, but not limited to, emails received from Emma OneBear, NTP, and/or www.EmmaTheNTP.com, and any written or downloadable material purchased, viewed, or otherwise offered by Emma OneBear, NTP and/or on www.EmmaTheNTP.com, including, but not limited to, blog posts, graphics, newsletters, designs, documents, information, templates, and materials.

  • “Personal Information” refers to information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. Examples include, but are not limited to, your name, address, email address, telephone number, etc.

  • “Site, Courses, Services, and/or Products” means www.EmmaTheNTP.com, Content (as defined herein), email list/newsletters, social media posts, blog posts, courses, coaching services, guides, eBooks, forms, worksheets, workbooks, webinars, website materials, and/or templates available on the Site.

  • “Site” means www.EmmaTheNTP.com and any and all of its associated pages, tabs, landing pages, forms, or sub-pages.

  • “You” or “Your” refers to the user, customer, or viewer of the Site.

2. Consent:

By using the Site and/or making any Purchase, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms & Conditions, our Privacy Policy, and Disclaimer.

By using the Site and/or making any Purchase, you represent and warrant that you are at least 18 years old. Any use of, or access to, the Site and its Content by anyone under the age of 18 is unauthorized and in direct violation of these Terms & Conditions and our Privacy Policy.

3. Site Rules:

By using the Site and/or making any Purchase, you agree not to:

  • Abuse or harass any person through or on the Site.

  • Post or transmit obscene, offensive, libelous, defamatory, pornographic, or abusive content, as well as content that infringes our intellectual property rights or those of another person, website, or company.

  • Use the Site in any way or for any purpose that violates any law of the United States or the jurisdiction in which you use the Site.

  • Post or transmit any “spam” or unsolicited content.

  • Post copyrighted materials, photographs, or content that do not belong to you.

  • Promote or sell your own content, services, or products through the Site, or the content, services, or products of anyone else other than us.

  • Copy, download, share, post, or transmit our intellectual property in any way that infringes on our intellectual property rights.

4. Disclaimer:

By using the Site, you understand that we are a certified Nutritional Therapy Practitioner (NTP). We are not a licensed nutritionist, therapist, or medical professional, and therefore you need to discuss any and all changes to your lifestyle, food intake, exercise regimen, or medical treatment with your physician before implementing changes or habits suggested by us. You must discuss any changes to your diet, exercise regimen, supplements, medications, or lifestyle with your physician or qualified medical professional before implementing any changes. Our Content is for informational and educational purposes only and is based on our personal experience.

5. Your Consent to These Terms & Conditions:

By using this Site, or purchasing or downloading from our Site, Courses, Services, and/or Products, you implicitly and voluntarily agree to these Terms & Conditions as stated herein.

6. Changes to These Terms & Conditions:

We reserve the right to change, amend, or alter these Terms & Conditions at any time without notice to you. When changes are made to these Terms & Conditions, we will update the “Updated On” date at the bottom of this page. If you do not agree with these Terms & Conditions, please do NOT use our Site, read or implement its Content, or purchase or download anything from us.

7. Links to Third-Party or External Websites:

The Site may contain links to third-party or external websites. These links are typically provided to give you access to relevant information. Please note we are not liable for any information contained on or within third-party or external websites. We are not responsible for how these sites handle your personal information, whether they have a privacy policy, or any information you provide to them by visiting their website. You are responsible for reading and agreeing to, or disagreeing with, the external website’s privacy policy or terms & conditions.

8. Intellectual Property Ownership:

The Site and its Content are the intellectual property solely owned by Emma OneBear, NTP. The Site and its Content are protected by United States copyright and trademark laws, as well as state intellectual property laws. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.

9. Our Limited License to You:

If you view, access, or purchase the Site, Courses, Services, and/or Products, you are considered our Limited Licensee (“Licensee”). As a Licensee, you agree and understand that the Site, Courses, Services, and/or Products have been created by us after a significant investment of time, money, education, and effort. The Site, Courses, Services, and/or Products are extremely valuable to us, and we take the protection of our intellectual property very seriously.

You may not use the Site, Courses, Services, and/or Products in any manner that is unauthorized, improper, or against these Terms & Conditions, or which violates U.S. intellectual property laws unless authorized by us in writing.

10. Your License to Us:

By commenting on the Site, or submitting documents to Emma OneBear, NTP via contact form, email, or social media, you represent that you are the lawful owner of said documents, statements, and/or information they contain. You grant us a license to use your comments or submissions in any way we see fit for our business purposes.

11. Purchase & Access Terms:

During your use, purchase, and/or download from the Site, Courses, Services, and/or Products, you agree not to distribute, copy, forward, and/or share information prohibited by these Terms & Conditions. You also agree to take all necessary steps to ensure that you do not inadvertently share or distribute such materials, including protecting your password (if any) used to access your purchase or download.

12. Sharing the Site & Its Content:

You must request and receive written permission by email at EmmaSwann.NTP@gmail.com before sharing our Site and its Content for commercial purposes. You may share the Site for personal purposes, but we ask that you link directly to the Site and credit us. You may not imply or represent that the Site or its Content are yours, nor may you claim any association with Emma OneBear, NTP.

13. No Claims Made Regarding Results:

Any testimonials or examples used by us are merely that: examples. They are not guarantees that you will receive the same results. Each client and their circumstances are unique, and nothing shall be interpreted as a guarantee of similar results.

14. Disclaimer - No Warranties, Guarantees, or Representations Are Being Made:

We do not offer any warranties regarding the Site, Courses, Services, and/or Products. They are offered “AS IS” and without warranties of any kind, either express or implied, to the extent permitted by law.

15. Your Release of Us:

By using the Site or purchasing, downloading, or using our Courses, Services, and Products, you agree to release and forever discharge Emma OneBear, NTP, its subsidiaries, employees, agents, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, or costs, whether known or unknown, legal or equitable.

16. Errors & Omissions:

Every effort is made to provide accurate and up-to-date information on the Site and through our services. However, due to the complexity of the issues we cover, Emma OneBear, NTP does not warrant, represent, or guarantee that such information is error-free, accurate, or up-to-date at all times.

17. Our Refund Policy:

Refunds will not be issued for coaching services already rendered or products already purchased. If you have any concerns, please email Emma at EmmaSwann.NTP@gmail.com.

18. Arbitration Clause:

If a dispute arises, please contact us first at EmmaSwann.NTP@gmail.com. If we are unable to resolve your dispute, you agree to submit the matter to binding arbitration with the American Arbitration Association, before an arbitrator mutually agreed upon, in accordance with the American Arbitration Association’s rules.

By agreeing to this term, you waive your right to a jury trial in court. Any arbitration hearing shall be held within 30 miles of Tulsa, Oklahoma. The arbitrator’s award shall be binding and entered in court in the State of Oklahoma.

19. Consent to Governing Law:

These Terms & Conditions and any dispute arising from them shall be governed by the laws of the State of Oklahoma.

20. Consent to Jurisdiction:

You consent to the exclusive jurisdiction of the United States District Court for the Northern District of Oklahoma or a state court located within the State of Oklahoma.

21. Consent to Service:

You agree that process may be served on you in any manner authorized by the Laws of the State of Oklahoma.

22. Payment & Purchases:

When purchasing from the Site, you may pay by credit card or another accepted payment method. We do not accept chargeback threats and will report any chargebacks to major credit reporting agencies.

23. Limitation of Liability:

Emma OneBear, NTP is not responsible for any damages, injuries, or losses you experience from using our Site, Courses, Services, or Products. Your sole remedy is a refund of the amount paid for the applicable service or product.

24. Defense & Indemnification:

You agree to indemnify and hold harmless Emma OneBear, NTP and its affiliates from any and all claims, damages, or liabilities arising out of your breach of these Terms & Conditions.

25. Termination of Use:

We reserve the right to terminate your access to the Site, Courses, Services, and Products if you violate these Terms & Conditions.

26. Entire Agreement:

These Terms & Conditions, Privacy Policy, and Disclaimer constitute the entire agreement between you and us with respect to the Site, Courses, Services, and Products, superseding all prior agreements.

27. Severability:

If any provision of these Terms & Conditions is found invalid or unenforceable, it shall not affect the validity and enforceability of the remaining provisions.

28. Your Privacy & Security on the Site:

Please read our Privacy Policy for how we handle your personal information.

29. Contact:

If you have any questions regarding these Terms & Conditions, please contact us using the following information:

Updated on August 27, 2024