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Disclaimer

This website located at https://www.ginallerydietitian.com (“Website”) is owned and operated by Gina M. Ellery, LLC.

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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.

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DISCLAIMER

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.

Additionally, we are not responsible for any errors and omissions found on the Website.

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EARNINGS DISCLAIMER

We have made every effort to ensure that all business information, including but not limited to any references to technology, marketing, sales, or business methodologies, provided on the Website has been tested for accuracy. There is no guarantee that you will see positive results to your business using the techniques and materials provided on the Website. We assume no responsibility for your decisions or for policies or practices that you implement based on information on the Website. 

Everything provided on the Website is for informational purposes only and should not be construed as professional advice. If needed, we recommend that you seek the advice of a professional for advice specific to your personal situation.

Any statements related to income or earnings potential on the Website are examples of what may be possible in the future. We make no guarantees regarding results, present or future. We are not responsible for your earnings, income, sales, or any other performance as a result of the actions you take based upon the information provided on the Website.

From time to time, we may feature results from past clients. Your results may vary from the results experienced by these clients. We make no guarantees that you will see increased income or positive changes to your business as a result of the information on the Website. You accept all responsibility for the performance of your business.

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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.

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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.

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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 and (ii) your breach of any provision of the Disclaimer (including representation or warranty).

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ARBITRATION

The Disclaimer will be governed and construed in accordance with the laws of the State of New Jersey. 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 Hudson County, New Jersey. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

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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 ginaellery@dietitian.hush.com the Website and to your email address.  Our team is available to respond to emails within 24 hours Monday through Thursday, excluding all major U.S. holidays.

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