BREASTFEEDING BLUEPRINT,  NURSING & NOURISHED AND/OR BODY AFTER BABY AGREEMENT

 

This agreement is made as of January 1, 2022  between Brooke Miller Nutrition LLC,  Brooke Miller, RD, CLC and you. 

 

The Parties have agreed that you, the student , would like to retain Dietitian/Lactation Counselor & Lactation Counselor to provide services for the course, which is more fully described in Exhibit A (the “Services”). The Parties agree to the following:  

 

1. Term. This Agreement shall be effective as of the date the student joins the course and shall continue as long as the course is still available (lifetime access).

 

1. Representations and Warranties.The Parties represent and warrant the following:

1. Dietitian/Lactation Counselor represents and warrants that: 

            i.Brooke Miller is a Registered Dietitian & Certified Lactation Counselor and is qualified to perform the Services;

i.Dietitian/Lactation Counselor & Lactation Counselor will provide the Services in a timely, diligent, professional, and workmanlike manner, in accordance with the Agreement and in a manner consistent with industry standards; 

i.Dietitian/Lactation Counselor  & Lactation Counselor will perform the Services in compliance with all applicable laws and regulations; and,

i.Dietitian/Lactation Counselor  & Lactation Counselor has the full and unrestricted right, power, and authority to enter into this Agreement, perform the Services, and grant the rights granted herein. Dietitian/Lactation Counselor & Lactation Counselor has no other agreements with any other party that would conflict with this Agreement. 

 

1. Student represents and warrants that: 

 

i.Student will provide the information needed by Dietitian/Lactation Counselor  & Lactation Counselor to perform the Services, as described herein; and,

 

1. Student has the full and unrestricted right, power, and authority to enter into this Agreement and grant the rights granted herein. Student has no other agreements with any other party that would conflict with this Agreement.

 

1. Changes and Revisions. This Agreement is limited to the Services outlined in Exhibit A. If student requests new work or changes that are outside the original scope of the Services, Dietitian/Lactation Counselor will provide an estimate. Additional services may be added and charged based on agreement between Dietitian/Lactation Counselor and student.

 

1. Compensation and Payment. Student shall pay Dietitian/Lactation Counselor/Lactation Counselor in accordance with the amounts listed in Exhibit A. 

 

In the event that Dietitian/Lactation Counselor incurs legal fees, costs, or disbursements in an effort to collect any member invoices, in addition to interest on the unpaid balance, student agrees to reimburse Dietitian/Lactation Counselor for all such expenses.

 

1. Expenses. student shall not be liable to Dietitian/Lactation Counselor for expenses paid or incurred by Dietitian/Lactation Counselor, except for those fees that the Parties agree to in writing. 

 

1. Cancellation Policy Student agrees to cancel in their membership/community portal Kajabi at anytime or to notify Dietitian/Lactation Counselor of cancellation of membership with a minimum notice of forty-eight (48) hours prior to the scheduled payment via EMAIL to [email protected].. If such notification is not received by Dietitian/Lactation Counselor at least forty-eight (48) hours before the scheduled time, payment for that current month will be required.

 

1. Refund Policy: student agrees to complete at least 80% of the course materials. If they complete >80% of the course, implement the strategies inside and don’t experience any improvements with their breastfeeding experience/milk supply, they can request a refund within 90 days of the purchase of their course by emailing [email protected]

 

1. Confidentiality. The Parties agree that neither party shall authorize the other to disclose to any third party any confidential information without prior written consent, except as may be necessary to establish or assert rights hereunder, as required by the laws of the applicable jurisdiction or by court order. Confidential Information includes business methods, business policies, business strategies, business plans, procedures, techniques, research, or any other relevant details relating to or dealing with the business operations or activities of the Parties. Confidential information is not limited to a specific medium and can be oral, written or physical in format. The confidentiality obligations set forth in this Agreement shall survive 10 years after termination or expiration of the Agreement.

 

1. Confidentiality of Patient Information. Dietitian/Lactation Counselor complies with the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Dietitian/Lactation Counselor acknowledges and agrees to protect the personal information of Student in accordance with HIPAA. Student may be required to sign additional HIPAA forms by Dietitian/Lactation Counselor. 

 

1. Intellectual Property - Dietitian/Lactation Counselor Materials. All original materials provided by Dietitian/Lactation Counselor to member are owned by Dietitian/Lactation Counselor. Any original materials are provided for member's individual use only. Student is not authorized to use or transfer any of Dietitian/Lactation Counselor’s intellectual property. All intellectual property remains the property of Dietitian/Lactation Counselor. No license to sell or distribute is granted or implied.

 

1. Disclaimer. Dietitian/Lactation Counselor will provide current breastfeeding, dietary and nutrition advice and information as part of the Services. Dietitian/Lactation Counselor has made every effort to ensure that all Services have been tested for accuracy. There is no guarantee that student will see positive results using the techniques and materials provided by Dietitian/Lactation Counselor. Dietitian/Lactation Counselor assumes no management responsibility for member's decisions or practices that student implements.

 

1. Medical Treatment. student understands and agrees that Dietitian/Lactation Counselor provides breastfeeding, dietary, nutrition, and wellness information and advice. Student understands that Dietitian/Lactation Counselor does not provide medical advice nor can Dietitian/Lactation Counselor prescribe medical treatment. Student understands that student must seek medical advice from student’s physician or medical provider. Student understands that it is the student’s responsibility to discuss all changes to the student’s breastfeeding, diet or potential dietary supplement use with the student’s medical provider prior to making any changes. 

 

1. Waiver. Student understands that all changes to student’s diet & breastfeeding experience including changes to food or use of dietary supplements, carries a risk. Student is doing this at student’s risk. member is engaging Dietitian/Lactation Counselor for Services with full knowledge and acceptance of such risks. 

 

Student hereby releases Dietitian/Lactation Counselor from any and all responsibility or liability from injuries or damages to member’s person resulting from or connected with member’s participation in the Services.

 

1. Indemnification. Dietitian/Lactation Counselor agrees to defend, indemnify and hold member, its affiliated companies and its respective employees, officers, directors, trustees and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and costs) which they suffer as a result of (i) the negligence or intentional misconduct of Dietitian/Lactation Counselor or (ii) Dietitian/Lactation Counselor's breach of any provision of this Agreement (including any representation or warranty). 

 

Student shall indemnify, defend, and hold Dietitian/Lactation Counselor harmless from and against any loss, liability, damage, or expense, including reasonable attorney's fees, incurred or suffered by or threatened against Dietitian/Lactation Counselor in connection with or as a result of any claim brought by or on behalf of any third party person or entity as a result of or in connection with Dietitian/Lactation Counselor’s appearance or association with member, unless such claim arises from Dietitian/Lactation Counselor’s acts or omissions or arises from or is related to breach of any obligation and/or warranty made by Dietitian/Lactation Counselor hereunder. 

 

1. No Warranty. All information is provided "as is" with no warranties.

 

1. Choice of Law and Jurisdiction.This Agreement shall be governed by the laws of the State of Colorado without regard to its conflict of laws doctrine, and applicable federal laws of the United States of America. 

 

1. Assignment. This Agreement shall not be transferred or assigned to any third party, in whole or in part, by member without the express written consent of Dietitian/Lactation Counselor, which may be withheld in Dietitian/Lactation Counselor’s sole discretion. 

 

1. Notice. Except as otherwise provided herein, all notices that either party is required or may desire to give the other party shall be in writing to the addresses in the signature block. Electronic mail is permissible, but will only be considered sufficient notice if the non-sending party affirmatively confirms receipt. 

 

1. Miscellaneous

 

1. If any of the provisions of this Agreement is or becomes illegal, unenforceable, or invalid (in whole or in part for any reason), the remainder of this Agreement shall remain in full force and effect without being impaired or invalidated in any way. 

 

1. Any rights or obligations contained herein that by their nature should survive termination of the Agreement shall survive, including, but not limited to representations, warranties, intellectual property rights, indemnity obligations, and confidentiality obligations.

 

1. Any failure of either party to enforce any provision of this Agreement, or any right or remedy provided for therein, shall not be construed as a waiver, estoppel with respect to, or limitation of that party’s right to subsequently enforce and compel strict compliance or assertion of a remedy.

 

1. The Agreement may be executed in several counterparts, all of which taken together will constitute one single agreement between the Parties. The Parties expressly agree that with respect to this Agreement, a facsimile or electronic signature or executed document which has been formatted as a Portable Document Format (PDF) and electronically exchanged shall be binding upon the Parties. 

 

1. This Agreement, along with all attachments, represents a single agreement, as well as the entire agreement with respect to the subject matter. This Agreement supersedes any prior agreement between the parties, whether written or oral, with respect to the subject matter, and may be modified or amended only by a writing signed by the party to be charged.  

 

IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement as of the day and year first written above.

 

Brooke Miller Nutrition LLC: Brooke MIller, RD, CLC

EXHIBIT A

 

DESCRIPTION OF SERVICES

 

Objective: To help moms improve breastfeeding experience and nourish their bodies well during the postpartum and breastfeeding experience

 

Timeline: self paced course, lifetime access

 

Location of Services: virtual

 

Compensation: students have the option to pay $197 USD (pay in full). They can also select the payment plan of 4 installments of $57 ($228 USD) or 9 installments of $27 ($243). If the student chooses the payment plan option, they are required to pay all of their installments. If a payment fails, the student will be revoked access & notified until the payment is processed. 

 

Communication: Dietitian/Lactation Counselor approves reasonable communications through the following channels: email [email protected] & inside of Voxer for 1:1 support, in Kajabi & Facebook community private support group. All communications regarding the Services will be conducted only on these approved channels. Student understands and acknowledges that messages sent in any format, other than the approved channels, without prior approval from Dietitian/Lactation Counselor will not receive a response. Student should allow two (2) business days for a response to all communications; however, most responses will be received within one (1) business day.

 

Description of Services:

• Breastfeeding Blueprint & Nourishing and Nourished is a self paced course from Registered Dietitian/Lactation Counselors (Brooke Miller, RD, CLC)  and assistance from other RDs & Lactation Counselors/Consultants where they will assist students with breastfeeding and postpartum nutrition support.

 

Private Membership Community Rules in Facebook Group:

1. BE KIND

We live by the Golden Rule in this group: If you don’t have something nice to say, don’t say anything at all. We do not allow rants, calling people out, or complaints around how someone chooses to build or grow their business. Just be nice. It’s that simple. (If you have a concern at any time, please contact us directly via an email to [email protected]

 

1.  NO SELF PROMO

We consider linking and/or tagging your social media accounts, websites, opt-in pages, registration pages, podcasts, or programs self-promotion. If your post or comment was removed because of this rule, please feel free to repost without the inclusion of a link to your site or account. No soliciting via DM’s unless invited by a group member or granted permission by an admin. Please refrain from long “blog post style” posts disguised as helpful. Asking for beta testers is ok ONLY IF you are offering the beta program for free and keeping solicitation to a minimum.

 

1. NO AFFILIATE LINKS

Sharing your favorite tools that are relevant to the online business world are welcome, however, sharing any affiliate link is never okay without permission.

 

1. ASK SPECIFICALLY

Feel free to post questions, but try to be very specific in your question to help the community help you. 

 

1. BE HELPFUL (GOOD KARMA!)

Contribute to the Breastfeeding Blueprint Community. Build relationships. Provide genuine and helpful feedback and suggestions to others. Ask questions.Give answers. Be the kind of supportive friend that you would want and need on your intuitive eating journey.

TERMS OF USE

 

The following terms ("Terms of Use") constitute an agreement between Brooke Miller Nutrition LLC, 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 Company located at “www.brookemillernutrition.com”

 

Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. Company 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. 

 

YOUR RESPONSIBILITY IN USING THE WEBSITE

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. Company makes no representations, warranties, or guarantees. You understand that results may vary from person to person. Company assumes no responsibility for errors or omissions that may appear in the Website.

 

USE OF THE WEBSITE 

Unless otherwise stated, Brooke Miller Nutriiton LLC 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. 

 

Unless it is specifically and expressly made available for such purpose, the following uses are not permitted:

• Republication, redistribution, sale, rental, or sub-licensing of content from the Website; 
• Reproduction or duplication of any content on the Website for commercial purposes; 
• Modification of any content on the Website; 

 

You are permitted to share content on social media channels, as long as a you provide a link to the Website on the channel where the content is being shared and have permission from all parties.

Users are permitted to share one image from the Website on digital channels, as long as the image is credited to the Company, with a link to the Website. For example, if you own a website and wish to feature a piece of Company’s content, you may insert one image from the Website onto your website, as long as you provide credit and a link back to the Website, more specifically the page where the image was taken. 

 

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 Company's intellectual property rights. Such use is a limited license to republish the content on the approved social media channels only, with full credit to Company. 

 

PROHIBITED USES OF THE WEBSITE

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 Company's express written permission. 

 

You must not use the Website to transmit or send any unsolicited commercial communications, including, but not limited to, spam comments. 

 

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

 

COPYRIGHT

Unless otherwise noted, the design, content, and all components of the Website are copyrights owned by Company 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

Company's trademarks and trade dress may not be used in connection with any product or service that is not Company's, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Company or its owners.

 

From time to time, the Website will legally utilize trademarks owned by third parties. These trademarks are the respective property of their owners and Company makes no claim of ownership. 

 

CONTENT CONTRIBUTED TO THE WEBSITE

In limited circumstances, you may contribute content to the Website, including, but not limited to, comments, posts, or submissions. 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, Company, or a third party. 

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

 

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

 

GRANT OF RIGHTS

You grant Company 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 Company the right to sub-license these rights and the right to bring an action for infringement of these rights. 

 

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 Company;
• spam;
• hate speech;
• defamatory statements regarding Company or any third party;
• references to illegal acts; or,
• comments that may violate the legal rights of a third party. 

 

Company'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. 

 

COURSE POLICY

The Website offers a Membership platform, which includes forums, where content may be contributed or uploaded. The following types of contributions will not be tolerated and will be deleted: 

• harassment directed toward any content creator or Company;
• spam;
• hate speech;
• defamatory statements regarding Company or any third party;
• references to illegal acts; or,
• contributions that may violate the legal rights of a third party. 

 

Company’s sole discretion will be used to determine if a student is in violation of these policies. Any student in violation will be deleted promptly and will no longer be able to access the community area of the Website. No refund will be due to a member who has been removed for a violation of this policy.

 

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. 

 

Brooke Miller Nutrition 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 Company 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 in exchange for this sponsored content placement, Company gives its honest opinion, findings, beliefs, 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.

 

TAKEDOWN REQUESTS

From time to time, the Website will publish posts with images from other third-party websites. Any such use is 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 [email protected] and we will remove the image within 2 to 5 business days.

 

COMMUNICATION

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

 

THIRD PARTIES

The Website may contain links to third-party websites that are not governed or controlled by Company. 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 relate to your use of the Website. Company assumes no control or liability over the content of any third-party sites. You expressly hold Company harmless 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 Company harmless from any and all liability in any dispute.

 

NO WARRANTIES 

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

 

Company 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. Company 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

COMPANY 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 Company, 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 Company 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 Colorado. 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 Adams County, CO. 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 Company's prior written consent; however, the Terms of Use may be assigned by Company 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 Company. 

 

All notices with respect to the Terms of Use must be in writing and may be via email to [email protected] or Company and to your email address. 

 

DISCLAIMER

 

This website located at “www.brookemillernutrition.com” is owned and operated by Brooke Miller Nutrition LLC 

 

Your use of the Website constitutes your acceptance of, and agreement to, the following disclaimer (“Disclaimer). We reserve the right to modify, alter, amend or update this Disclaimer. This Disclaimer is subject to change without notice. If you do not agree with or do not accept any part of this Disclaimer, you must not use the Website.

 

DISCLAIMER

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

 

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. 

 

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. We make no representations, warranties, or guarantees. You understand that results may vary from person to person. We assume no responsibility for errors or omissions that may appear on the Website.

 

NO WARRANTIES 

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

 

We make 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. We are 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

WE 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 the Website, its owners, 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 we suffer as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Disclaimer (including representation or warranty); or, (iii) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

 

ARBITRATION

The Disclaimer will be governed and construed in accordance with the laws of the State of Colorado. Any controversy or claim arising out of or relating to the Disclaimer, 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 therein. The place of any such arbitration shall be in or near Adams County, CO. 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 Disclaimer 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 Disclaimer not be assigned by you without our prior written consent; however, the Disclaimer may be assigned by us in our sole discretion. 

 

All notices with respect to the Disclaimer must be in writing and made via email to [email protected] for the Website and to your email address. 

 

Recipe Disclaimer

 

From time to time, the Website will publish content with recipes. All such recipes have been tried and used successfully, but results may vary from person to person. Consult your medical professional before using any recipe if you have concerns about how you may individually react to the use of any particular recipe or ingredient. By voluntarily creating and using any recipe provided here, you assume the risk of any potential injury that may result. 

 

 

LICENSING

Brooke Miller is a licensed registered Dietitian/Lactation Counselor. Nothing presented on the Website creates a professional-patient relationship between you and Brooke Miller. 

 

NUTRITION DISCLAIMER

All information provided regarding nutrition on the Website is intended to be used for informational purposes only. As stated above, Brooke Miller is a registered Dietitian/Lactation Counselor; however, content related to 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 nutrition information available on the Website, you should seek advice from a licensed professional. 

 

Brooke Miller is not responsible for any liability, loss, or damage, caused or alleged caused, directly or indirectly, as a result of the use, application, or interpretation of nutrition information available on the Website.

 

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