TERMS & CONDITIONS
The Terms and Conditions set forth herein describe how Nancy Anderberg and Fit4RAW, owned by Nancy Anderberg, doing business at 1000 Eden Prairie Road, Minneapolis, MN, USA, (hereinafter referred to as “the Company”, “us”, “we”, or “our”), operates and regulates use of the website at www.NancyAnderberg.com (hereinafter referred to as the “Website” or “Site”).
Please read the following information carefully to understand our practices regarding your use of the Site. We reserve the right to change the Terms & Conditions at any time, without notice, so if you have concerns, we recommend you check the site frequently for the updated Terms & Conditions. Nancy Anderberg and/or Fit4RAW may choose to inform you if significant changes are made.
If you represent a legal entity, you certify that you are entitled by such a legal entity to conclude the Terms as the legal entity you represent.
2. YOUR ACCOUNT
When using the Site, you shall be responsible for ensuring the confidentiality of your account, password and other credentials for secure access from your devices. You shall not assign your account to anyone. Nancy Anderberg and/or Fit4RAW are not responsible for unauthorized access to your account that results from misappropriation or theft of your account. Nancy Anderberg and/or Fit4RAW reserve the right to refuse or cancel service, terminate your account and remove or edit content at their own discretion without recourse.
Nancy Anderberg and Fit4RAW do not knowingly collect personal data from persons under the age of 18 (eighteen). Use of this site is restricted to anyone 18 or over. If you are under 18 (eighteen) years old, you may not use the Site and may not enter into the Terms & Conditions under any circumstances.
The Site provides access to resources and services available. You shall not use the resources or services for unethical or illegal purposes. You may not alter any resources on this site. We may, at our sole discretion, set fees for using the Site. All prices are published separately on relevant pages on the Site. We may, at our sole discretion, at any time, change any fees.
We may use certified payment systems such as Stripe or Paypal, etc., which also may have their own fees or commissions. Such fees or commissions may be added when you choose a particular payment system. Detailed information about fees and commissions of such payment systems may be found on their websites.
4. THIRD PARTY SERVICES
The Site may include links to other sites, applications and platforms (hereinafter referred to as “Linked Sites”). Nancy Anderberg and Fit4RAW do not control the Linked Sites and shall not be responsible for any content, materials or policies on the Linked Sites. Nancy Anderberg and Fit4RAW make these links available to you for providing the functionality or services on the Site.
5. PROHIBITED USES AND INTELLECTUAL PROPERTY
Nancy Anderberg and Fit4RAW grant you a non-transferable, non-exclusive, revocable license to access and use the Site in accordance with the Terms & Conditions set forth herein. Nancy Anderberg and Fit4RAW do not grant you any licenses to any of its intellectual property or content found on this site, nor the intellectual property or content of its contributors. You shall not use the Site for unethical or illegal purposes or in a way that may disable, damage, or interfere with the Site. You shall not change the proprietary rights or notices set forth herein.
All content present on the Site includes text, code, graphics, logos, images, compilation, systems or software used on the Site (hereinafter and hereinbefore the “Content”). The Content is the property of Nancy Anderberg and Fit4RAW and its contractors and is therefore protected by intellectual property laws that protect such rights.
By using the Site, you agree to abide by all copyright and other proprietary notices or restrictions regarding the Content. You may not copy, alter, publish, transmit, transfer, modify, reverse engineer or create and sell derivative works of the Content. Nancy Anderberg and Fit4RAW reserve the right to pursue fines and legal remedies for such illegal use of Content.
6. CONTRIBUTED CONTENT
By posting, uploading, inputting, providing or submitting your Content, you are granting Nancy Anderberg and Fit4RAW the right to use your Content in connection with the operation of its business, including, but not limited to, the rights to transmit, display, distribute, perform, copy, reproduce and translate your Content.
By posting, uploading, inputting, providing or submitting your Content, you warrant and represent that your information is accurate, and you own all of the rights to your Content.
No compensation shall be paid for the use of your Content unless otherwise mutually agreed upon in a formal written agreement executed by both parties. Nancy Anderberg and Fit4RAW have no obligation to publish Content submitted and reserves the right to remove your Content at any time.
7. DISCLAIMER OF CERTAIN LIABILITIES
The information available via the Site may include typographical errors or inaccuracies. Nancy Anderberg and Fit4RAW shall not be liable for these errors and inaccuracies.
Nancy Anderberg and Fit4RAW make no representations about the availability, accuracy, reliability, suitability and timeliness of the Content contained on and services available on the Site. To the maximum extent allowed by the applicable law, all such Content and services are provided on the “as is” basis. Nancy Anderberg and Fit4RAW disclaim all warranties and conditions regarding this Content and services, including warranties and provisions of merchantability or fitness for a certain purpose.
To the maximum extent permitted by the applicable law, in no event shall Nancy Anderberg or Fit4RAW be liable for any direct, indirect, incidental, consequential, special or punitive damages including, but not limited to, damages for loss of use, data or profits in connection with the use of the Site, in the case of both free and paid users as well as contracted and non-contracted individuals or companies.
If the exclusion or limitation of liability for damages, whether consequential or incidental, are prohibited in a particular case, the exclusion or limitation of liability shall not apply.
You agree to indemnify, defend and hold harmless Nancy Anderberg and Fit4RAW, its managers, directors, employees, agents and third parties, for any costs, losses, expenses (including attorneys’ fees) or liabilities regarding or arising from your use of, or inability to use, the Site or its products and services. If you violate the Terms & Conditions of Nancy Anderberg and/or Fit4RAW or any rights of third parties, you shall cooperate with Nancy Anderberg and Fit4RAW in asserting any available defenses.
9. TERMINATION AND ACCESS RESTRICTION
Nancy Anderberg and/or Fit4RAW may close your account and/or terminate your access to the Site and the use of its related products, resources or services, at any time, without notice, as a result of your violation of any of the Terms & Conditions set forth herein.
The governing law of the Terms & Conditions set forth herein shall be the substantive laws of the United States where Nancy Anderberg resides, except where there is a legal conflict. You shall not use the Site in any jurisdiction that does not provide all the provisions set forth in the Terms & Conditions.
No joint venture, partnership, employment or agency relationship shall be implied between you and Nancy Anderberg or Fit4RAW as a result of the Terms & Conditions or use of the Site.
Nothing in the Terms & Conditions set forth herein shall be a derogation of Nancy Anderberg’s or Fit4RAW‘s right to comply with governmental, court, police and law enforcement requests or requirements regarding your use of the Site.
If any part of the Terms & Conditions is determined to be void or unenforceable in accordance with applicable law, then the void or unenforceable clauses will be amended and superseded by valid clauses. All enforceable clauses shall remain applicable and enforceable.
The Terms & Conditions set forth herein constitute the entire agreement between you and regarding the use of the Site and the Terms & Conditions supersede all prior communications and offers, whether electronic, oral or written, between you and Nancy Anderberg and/or Fit4RAW.
Nancy Anderberg and/or Fit4RAW and its affiliates shall not be liable for a failure or delay to fulfil its obligations where the failures or delays result from any cause beyond their reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, government orders, terroristic acts, wars or any other force outside of their control.
In case of controversies, demands, claims, disputes or causes of action between and you, relating to the Site or other related issues, or the Terms & Conditions, you and the Company agree to attempt to resolve such controversies, demands, claims, disputes or causes of action by good faith negotiation, and in case of failure of such negotiation, exclusively through the courts of the country where the Company resides.
We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding our Terms & Conditions or our practices in relation to your personal data, please contact us in writing via email at Nancy@NancyAnderberg.com.
We will reply to your complaint as soon as possible or at the very latest, within 30 days. Our goal is to quickly resolve complaints brought to our attention. However, if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority.
12. CONTACT INFORMATION
You may contact us in writing via email at Nancy@NancyAnderberg.com.