Health and Performance Tips, Meals, Recipes & Snack Guide
Intellectual Property, Copyright, Terms, and Conditions Agreement

HI THERE

Welcome to our Terms and Conditions! These boxes aren’t legally binding, you can use them as an aid for understanding the legal language.

Effective Date: [Date of Purchase]


Parties:

  • Owner: Wendi A. Irlbeck of Nutrition with Wendi LLC. Email: Wendi@nutritionwithwendi.com
  • You: [The buyer]


WHEREAS, the Owner has developed a proprietary health and performance playbook (the "Work/Product"), which includes downloadable digital resources such as slides, meal ideas, nutritional breakdowns, and the "Health & Performance Playbook Manual";


WHEREAS, the Owner wishes to establish exclusive ownership rights over the Work/Product, preventing any unauthorized sale, reproduction, or distribution;


WHEREAS, You (the Buyer) acknowledge and agree to the terms and conditions outlined herein by completing your purchase;


NOW, THEREFORE, in consideration of your purchase, the parties agree as follows:


1. Ownership and Copyright:

  • 1.1. The Owner retains exclusive ownership and copyright to the Work/Product, including but not limited to its content, structure, methodologies, graphics, branding, and all derivative works.
  • 1.2. The Work/Product is protected under U.S. and international copyright laws, and all rights not expressly granted herein are reserved by the Owner.


2. Restrictions on Sale and Distribution:

  • 2.1. The Work/Product shall not be sold, licensed, distributed, transferred, or assigned to any third party without the prior written consent of the Owner.
  • 2.2. Any unauthorized reproduction, sharing, or modification of the Work/Product shall constitute a material breach of this Agreement and may be subject to legal action.
  • 2.3. You may not resell, redistribute, or commercially exploit the Product or any part thereof.


3. License and Usage Rights:

  • 3.1. Single User License: This purchase grants You (the Buyer) a non-exclusive, non-transferable license to use the Work/Product for personal or professional use with clients or athletes. Sharing or distributing the Work/Product beyond immediate use is strictly prohibited.
  • 3.2. Educational Purposes: The information provided in the Work/Product is intended for educational purposes only. It is not a substitute for personalized medical or nutritional advice. You (the Buyer) should always consult with a qualified healthcare professional before making changes to your diet or exercise routine.
  • 3.3. No party shall have the right to claim ownership, authorship, or any proprietary interest in the Work/Product.


4. Intellectual Property:

  • 4.1. The Work/Product and all its content, including but not limited to text, graphics, images, and logos, are the intellectual property of Nutrition with Wendi LLC and are protected by copyright and other intellectual property laws.


5. Enforcement and Remedies:

  • 5.1. The Owner reserves the right to enforce copyright protections and seek legal remedies, including but not limited to injunctive relief, damages, and attorney fees, in case of violation.
  • 5.2. Any disputes arising under this Agreement shall be resolved in accordance with the laws of United States of America.


6. Disclaimer of Warranties:

  • 6.1. The Work/Product is provided "as is" without any warranties, express or implied.
  • 6.2. Nutrition with Wendi LLC does not warrant that the Work/Product will be error-free or that it will meet specific requirements.
  • 6.3. Nutrition with Wendi LLC does not provide medical advice. It is Your (the Buyer's) responsibility to seek a medical professional before starting any diet or fitness program.


7. Limitation of Liability:

  • 7.1. Nutrition with Wendi LLC shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of Your (the Buyer's) use of the Work/Product.
  • 7.2. In no event shall Nutrition with Wendi LLC's total liability exceed the purchase price of the Work/Product.


8. Refund Policy:

  • 8.1. Due to the digital nature of the Work/Product, all sales are final.


9. Term and Termination:

  • 9.1. This Agreement remains in effect indefinitely unless terminated by written agreement from the Owner.
  • 9.2. The Owner reserves the right to modify or update this Agreement as necessary, provided that notice is given to You (the Buyer).


10. Miscellaneous:

  • 10.1. This Agreement constitutes the entire understanding between the parties regarding the Work/Product and supersedes any prior agreements or understandings.
  • 10.2. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
  • 10.3. This Agreement may be executed electronically.


11. Changes to Terms:

  • 11.1. Nutrition with Wendi LLC reserves the right to modify these Terms and Conditions at any time. Any changes will be posted on the relevant sales page, or communicated to You (the Buyer).


12. Contact Information:

  • 12.1. If you have any questions about these Terms and Conditions, please contact us at Wendi@nutritionwithwendi.com.


By completing your purchase, you acknowledge that you have read, understood, and agree to these Terms and Conditions.