Lauren Sams and Lauren Sams Nutrition & Lactation LLC, d/b/a Grow Baby Nutrition + Lactation
TERMS & CONDITIONS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU SIGNIFY YOUR CONSENT TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE.
1. Disclosures
A. Lauren Sams is a Registered and Licensed Dietitian, and she does not function as a physician, diagnose or treat disease, nor do her services replace the necessary services of a licensed physician.
B. Lauren Sams makes no representations, claims, or guarantees regarding the efficacy of her recommendations. The recommendations are based upon a combination of her nutrition and health education and knowledge of health literature. Consultation and/or education materials as provided by Lauren Sams do not constitute a medical service or health care treatment.
C. Should you receive any individualized recommendations, they are offered and applied as an educational and informative consultation. Any action taken as a result of the consultation is done at the sole discretion and risk of User. Therefore, it is strongly recommended that in addition to any health consultation that you maintain a relationship with one or more physicians qualified to care for health condition(s). For example, in the case of children you are advised to seek the advice of a pediatrician; if you are pregnant or nursing, consult with an obstetrician; and if you have cancer, consult with an oncologist, etc.
D. User’s consent verifies that User has not been told to discontinue treatments with any other medical specialists or other health care providers. User’s consent is being given prior to rendering any service, advice, and/or recommendations whatsoever.
E. Financial Policy: Users are fully responsible for all professional services received. By agreeing to these terms, you understand that you are responsible for all charges incurred.
F. Lauren Sams may be compensated to provide an opinion on products, services, websites and various other topics. Even though she receives compensation for posts or advertisements, she always gives honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on this website are purely that of Lauren Sams. Any product claim, statistic, quote, or other representation about a product or service should be verified with the manufacturer, provider, or party in question.
2. Intellectual Property Rights
A. This Website contains original work that has been created with originality, dedication, care, detail, planning, and creative thinking. This collection of work is considered intellectual property created and owned by Lauren Sams Nutrition & Lactation LLC (the “Company”) and is protected under Federal Intellectual Property Laws, which prevents unauthorized use of her materials. These materials may include, but are not limited to: trademarked and copyrighted material, as well as any and all original works on this Website, Lauren Sam’s personal or professional Instagram/Facebook or other social media pages, and within the content provided, including but not limited to website design, layout, photographs, graphics, words, content, information, documents, data, her logo, artwork, color scheme, branding and/or placement of same on this Website, to the extent protectable, and any and all other information accessible through this Website, which constitutes proprietary information. This protection also includes any and all content that appears on the Website and any Course, including blog, Instagram, or social media posts, program names, and any other text whether or not authored by us. All proprietary information and content hereinafter identified as (“Content”).
B. You understand and acknowledge you will likely be in violation of these Intellectual Property laws should you copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property on the Website, without her express written consent. If such behavior is discovered or suspected, the Company reserves the right to immediately revoke your access to her Website, Instagram or Facebook page, as well as any program, course, or materials you may have purchased, without refund, and reserves the right to prosecute any actionable infringement or misuse to the full extent of the law.
C. Licensee / Licensor Rights: Limited License to You.
a. Your ability to view Content on our Website grants you a limited, revocable, non-transferrable license to use the information available to you for your personal, non-commercial use only. In purchasing a Course, you will also be granted a limited license to use the information contained therein.
b. As a licensee, you understand and agree that you will not:
i. Copy, edit, distribute, duplicate, or steal any information on our Website, Instagram or Facebook page, or courses (whether online or printed materials) or any Content related thereto, including that which has been posted by a third party, whether or not you have purchased the information.
ii. Use, post, distribute, copy, steal, or otherwise use any portion of our Website, Instagram or Facebook page, or courses (whether online or printed materials), including Content or products, without express, written permission provided by the Company and understand that any such use may constitute infringement, which may give rise to a cause of action against you.
iii. Hold any of the Company’s Content out to be your own and understand that doing so constitutes stealing and is a violation of her intellectual property rights.
iv. Share purchased materials, information, content with others who have not purchased them.
v. Use any portion of the Company’s Website, Instagram or Facebook page, courses (whether online or printed materials), including all Content, information, and purchased materials, in any commercial manner such that you make, may make, or intend to make a profit from it.
vi. You further acknowledge and understand that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of the Company’s work, and a violation of these Terms and Conditions and United States Federal laws, and she reserves the right to prosecute this infringement to the full extent of the law.
vii. Any requests for written permission to use any Content posted on the Website, Instagram or Facebook pages, courses (whether online or printed materials) shall be made before you wish to use any such content and may be made by sending an email with your written request to Lauren Sams.
3. Use of Free Materials or Content
A. At times you may be offered a free download or printable, as a gift or opt-in offer, in exchange for your name and email address. Should you choose to download or print this material, you understand this is to be used for your personal, non-commercial use only, and is not to be copied, edited, distributed, or otherwise shared in any way other than in its original form. Should you choose to share the material, you agree and understand that you will provide Lauren Sams credit, will not hold the material to be your own, or otherwise attempt to make any sort of gain (financial or otherwise), from our materials.
4. Indemnification
A. You agree at all times to defend, fully indemnify and hold Lauren Sams, the Company, and any affiliates, agents, team members or other parties associated with her activities as a registered dietitian and lactation consultant from any causes of action, damages, losses, costs, expenses incurred as a result of your use of her Website, Instagram or Facebook pages, courses (whether online or printed materials) or any products or services contained therein, as well as any third party claims of any kind (including attorney’s fees) arising from your actions in relation to the Website, Instagram or Facebook pages, or courses (whether online or in person) or any breach by you of any such conditions outlined herein. Should Lauren Sams, or the Company, be required to defend herself in any action directly or indirectly involving you, or an action where Lauren Sams decides your participation or assistance would benefit her defense, you agree to participate and provide any evidence, documents, testimony, or other information deemed useful by her, free of charge.
B. Should you choose to utilize information offered on our website, whether free or for purchase, you understand that Lauren Sams and the Company is not liable to any party, for any damages – whether direct, indirect, consequential, foreseeable, incidental, or otherwise – stemming or perceived to stem from use of or reliance upon any information contained or found on the Website, Instagram or Facebook pages, or courses (whether online or in person), or from products or services purchased therefrom. You also understand and agree that the Company is not liable for any damages incurring as a result of your reliance or use of information on the Website, Instagram or Facebook pages or, courses (whether online or in person) written by a third party, whether endorsed or not by Lauren Sams or the Company, and you agree to release Lauren Sams, the Company, its affiliates, agents, and team members from any and all claims stemming from, or perceived to stem from, reliance on information contained on the Website, Instagram or Facebook pages, or courses (whether online or in person).
5. Limitation of Liability
A. You understand and agree that the Company is not to be held liable for any type of direct or indirect damages arising out of your use of her Website, Instagram or Facebook pages, or courses, any information contained herein, any injuries sustained or medical ailments that arose as a direct or indirect cause of implementing information found on the Website, Instagram or Facebook pages, or courses, or any products or services purchased therefrom, including but not limited to general, specific, incidental, consequential, punitive, or special damages. You also agree that we are not liable or responsible in any way for any loss incurred by you, your family, or your business, including any computer failure, computer virus obtained by use of our Website, Instagram or Facebook pages, or courses, technical glitch or failure, defect or delay, or any other similar issue. You agree that your decision to use our Website, Instagram or Facebook pages, or courses is wholly at your own risk and voluntarily chosen by you, and any ramifications resulting therefrom are yours alone.
B. You also understand and agree that we make no warranties, express or implied, and hereby renounce any such warranties, guarantees, or representations with respect to any portion of the Website, Instagram or Facebook pages, or courses, the content therein, content distributed through email lists, social media, via webinars, or that which is made available through purchase via our membership site. By use of the Website, Instagram or Facebook pages, or courses, you agree and understand that use of content and information found therein is to be used at your own risk, with no guarantees, representations, or warranties regarding fitness for particular purpose, accuracy, or otherwise.
C. You also agree that under no circumstances will the Company be liable to any party for any type of damages resulting or claiming to result from any use of or reliance on the Website, Instagram or Facebook pages, or courses, or any information or Content found therein, including any injuries sustained as a direct or indirect result of use of our programs or implementation of any information contained on the Website, Instagram or Facebook pages, or courses, and you hereby release the Company from any and all claims whether known now or discovered in the future.
6. Dispute Resolution
A. These Terms and Conditions shall be governed by the laws of the state of Texas. Should any dispute arise, you agree to resolve any claim or controversy arising out of or relating to these Terms and Conditions by Arbitration and/or a suitable Alternative Dispute Resolution in Waco, Texas regardless of your location, and agree to be bound by the decision(s) of the selected Mediator. You also agree to participate in good faith in the mediation process, with failure to do so creating the Company’s right to pursue any other available legal remedies, including but not limited to alternate forms of dispute resolution or litigation.
B. Should an arbitrator determine any portion of these Terms and Conditions is invalid or otherwise unenforceable, you agree all remaining portions of these Terms and Conditions shall remain valid and unaffected by the removal of any portion of these Terms and Conditions.
C. These Terms and Conditions constitute the entire agreement between us with respect to your use of the Website, Instagram or Facebook pages, or courses, content, and products, and supersedes any other agreement, with the exception of any subsequent, more specific agreements, including subsequent Terms of Use, entered into by virtue of your decision to purchase any products available on the Website, Instagram or Facebook pages, or courses. Nothing on the Website, Instagram or Facebook pages, or courses, nor any communications between us is to be construed as a waiver of any of the above, nor shall we have waived any portion of these Terms and Conditions absent express, written information by Lauren Sams expressly stating otherwise.
7. Complaints
Any complaints related to the use of the state issued license for Dietitians may be submitted using the following information:
Texas Department of Licensing and Regulation
Dietitians
PO Box 12157
Austin, TX 78711
(800) 803-9202 [in state only]
(512) 463-6599
Fax: (512) 463-9468
Relay Texas-TDD: (800) 735-2989
https://www.tdlr.texas.gov/complaints/
By using this material and accessing this website, you agree to comply with the above polices and acknowledge that you understand all terms, language, and concepts herein, and consent to these Terms and Conditions.