Legal

Privacy Policy

This Privacy Policy is designed to explain how we collect, use, share, and protect the personal information you provide to us when you access our website, purchase our goods or services, or engage with us on social media, as well as your own rights to the information we collect.

Please read this Privacy Policy carefully. We will alert you to any changes to this Policy by changing the “last updated” date at the top of this Policy.  Any changes become effective immediately upon publication on our website, and you waive specific notice of any changes to the Policy by continuing to use and access our site(s).  We encourage you to review this Privacy Policy periodically, when you use our website for any purpose or engage with us on social media.  You are deemed to have accepted any changes to any revised Privacy Policy by your continued use of our website after the revised Privacy Policy is posted.

INFORMATION THAT WE COLLECT: We collect a variety of information from you when you visit our website, make purchases, or interact with us on social media. By accepting this Privacy Policy, you are specifically consenting to our collection of the data described below, to our use of the data, to the processing of this data, and to our sharing of the data with third party processors as needed for our legitimate business interests. The information we collect may include:

Personal Data:  Personal Data is information that can be used to identify you specifically, including your name, shipping address, email address, telephone number or demographic information like your age, gender, or hometown.  You consent to giving us this information by providing it to us voluntarily on our website or any mobile application. You provide some of this information when you register through the form on our website.  You may also provide this information by participating in various activities associated with our site, including responding to blog posts, contacting us with questions, and subscribing to the mailing list. Your decision to disclose this data is entirely voluntary.  You are under no obligation to provide this information, but your refusal may prevent you from accessing certain benefits from our website or from purchasing services. 

Derivative Data:  Derivative data is information that our servers automatically collect about you when you access our website, such as your IP address, browser type, the dates and times that you access our website, and the specific pages you view.  If you are using a mobile application, our servers may collect information about your device name and type, your phone number, your country of origin, and other interactions with our application. 

Financial Data:  Financial data is data that is related to your payment method, such as credit card or bank transfer details. We collect financial data in order to allow you to purchase, order, return or exchange products or services from our website and any related mobile apps. We store limited financial data.  Most financial data is transferred to our payment processors, Stripe, PayPal, and Intuit, and you should review these processors’ Privacy Policy to determine how they use, disclose and protect your financial data. As a courtesy, the Privacy Policies for these payment processors can be found here: Stripe, PayPal, Intuit.  

Social Networking Data:  We may access personal information from social networking sites and apps, including Facebook, Instagram, Linkedin, Twitter, Snapchat  or other social networking sites or apps not named specifically here, which may include your name, your social network username, location, email address, age, gender, profile picture and any other public information.  If you do not want us to access this information, please go to the specific social networking site and change your privacy settings.

Mobile Device Data:  If you use our website via a mobile device or app, we may collect information about your mobile device, including device ID, model and manufacturer, and location information.

HOW WE USE YOUR INFORMATION: Your information allows us to offer you certain products and services, including the use of our website, to fulfill our obligations to you and to customize your interaction with our company and our website. We generally store your data and transmit it to a third party for processing. However, to the extent we process your data, we do so to serve our legitimate business interests (such as providing you with the opportunity to purchase our services and interact with our website or mobile app).

Specifically, we may use the information and data described above to:

  1. Deliver any products or services purchased by you to you; and
  2. Correspond with you; and
  3. Process payments or refunds; and
  4. Contact you about new offerings that we think you will be interested in; and
  5. Interact with you via social media; and
  6. Send you a newsletter or other updates about our company or website; and
  7. Request feedback from you; and
  8. Notify you of updates to our product and service offerings; and
  9. Resolve disputes and troubleshoot any problems; and
  10. Compile anonymous statistical data for our own use or for a third party’s use; and
  11. Assist law enforcement as necessary; and
  12. Prevent fraudulent activity on our website or mobile app; and
  13. Analyze trends to improve our website and offerings.

WHY WE DISCLOSE YOUR INFORMATION: We may share your information with third parties in certain situations.   In particular, we may share your data with third party processors as needed to serve our legitimate business interests, which include administration of our website, entering into contracts with you, communicating with you, taking orders for goods or services, delivering our goods and services, identifying trends, protecting the security of our company and website, and marketing additional goods and services to you.  The legal basis for our disclosure of your data is both your Consent to this Privacy Policy and our own right to protect and promote our legitimate business interests. The following are specific reasons why we may share your information.

Third Party Processing:  We may disclose your information to third parties who assist us with various tasks, including payment processing, hosting services, email delivery and customer service.  For more information, see the “Third Party Processing” Section below.

By Law: We may share your data as required by law or to respond to legal process, including a subpoena, or as necessary to protect the rights, property, and safety of others.  This includes sharing information with other parties to prevent or address fraud and to avoid credit risks.

To Protect Our Company:  We may use your information to protect our company, including to investigate and remedy any violations of our rights or policies. We may also disclose your information as reasonably necessary to acquire and maintain insurance coverage, manage risks, obtain financial or legal advice, or to exercise or defend against legal claims.

 Advertisers:  We may use third party advertising companies to run and manage our ads, such as Facebook and Instagram to produce ads that appears when you visit our Website or mobile app. These companies may use information about your visit to our website and other websites that are contained in web cookies (as described below) to offer you personalized advertisements about goods and services that might interest you. We cannot control the activities of, such other advertisers or web sites.  You should consult the respective Privacy Policies of these third-party advertisers for more detailed information on their practices as well as for instructions about how to opt-out of certain practices.

Other Third Parties:  We may share information with advertisers, our investors, or other third parties for the purpose of conducting general business analysis. If we do so, we will make reasonable efforts to inform You if required by law.

Interaction with others: If you interact with others on our website or mobile app, such as commenting on a blog, other users may have access to some of your data, including your name, profile picture, and your history of interaction with our website, such as prior comments or posts.

Online postings: When you post online, your posts may be viewed by others, and we may distribute your comments outside the website.

External Links: Our website may include hyperlinks to other websites not controlled by us.  We suggest you exercise caution when clicking on a hyperlink. Although we use reasonable care in including a hyperlink on our own web page, we do not regularly monitor the websites of these third parties, are not responsible for any damage or consequences you suffer by using these hyperlinks.  We are not bound by the Privacy Policies of any third party website that you access by a hyperlink, nor are they bound by ours.  We encourage you to read the Policies of those third party websites  before interacting with them or making purchases. They may collect different information and by different methods than we do.

Other purposes: We may disclose your personal data as necessary to comply with any legal obligation or to protect your interests, or the vital interests of others or our company.

TRACKING TECHNOLOGIES

Cookies, Log Files and Web Beacons: Like many other Web sites, we make use of log files. These files merely log visitors to the site – usually a standard procedure for hosting companies and a part of hosting services’ analytics. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks. This information is used to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses and other such information are not linked to any information that is personally identifiable.
We also use cookies – small text files sent to us by your computer – and web beacons to store certain information. We may use cookies to authenticate your identity, to determine if you are logged onto our website, for personalization, for security, for targeted advertising, or for analysis of the performance of our website and services.  For example, cookies allow us to recommend blog posts to you based on what you have read on our site in the past. We use cookies that are not specific to your account but unique enough to allow us to analyze general trends and use, and to customize your interaction with our website.
Most browsers are set to accept cookies by default.  In addition, when you first encounter our website, you will be asked to “consent to cookies.” If you wish to disable cookies, you may do so through your individual browser options.  However, this may affect your ability to use or make purchases from our website. More detailed information about cookie management with specific web browsers can be found at the browsers’ respective websites. What Are Cookies?  By continuing to use our website and not disabling cookies on your browser, you are consenting to our use of cookies in accordance with the terms of this policy. 

WEBSITE ANALYTICS: We may partner with third party analytic companies, including Squarespace Analytics and Google Analytics. The analytic companies may also use cookies or other tracking technologies to analyze visitors’ use of our website or mobile app to determine the popularity of the content, and better understand online activity.  We do not transfer personal information to these third party vendors. However, in order to access our website, you must consent to the collection and use of your information by these third party analytic companies.  You should review their Privacy Policy and contact them directly if you have questions. If you do not want any information to be collected and used by tracking technologies,  visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool

PROCESSING YOUR INFORMATION: For the most part, we do not process your information in-house, but give it to third party processors for processing. For example, when PayPal takes your payment information, they are a third party processor. They process your payment and remit the funds to us. So in many instances, it will be necessary for us to transmit your information to a third party processor, as we do not have the capability to perform these functions. More detail on third party processing is detailed below.
However, we may, from time to time, process your data internally. The legal basis for this processing is both your consent to the processing, and our need to conduct our legitimate business interests.  Our purposes in processing this information, if we do, is to administer, maintain, and improve our website and offerings, to enter into contracts with you, to fulfill the terms of those contracts, to keep records of our transactions and interactions, to be able to provide you with goods and services, to comply with our legal obligations, to obtain professional advice, and to protect the rights and interests of our company, our customers (including you), and any third parties.  We may process the following data:

  1. Data associated with your account, such as your name, address, email address and payment information
  2. Data about your usage of our website, such as your IP address, geographical information, and how long you accessed our website and what you viewed.
  3. Data that you provide us in the course of using our services.
  4. Data that you post on our website, such as comments or responses to blogs.
  5. Data that you submit to us when you make an inquiry regarding our website or offerings.
  6. Data related to your transactions with us, including your purchase of our goods or services. This information may include contact details and payment information.
  7. Data that you provide to us when you subscribe to our emails or newsletters, including your email address and contact information.
  8. Data that you submit to us via correspondence, such as when you email us with questions.
  9. Any other data identified in this policy, for the purpose of complying with our legal obligations, or to protect the vital interests of you or any other natural person.

INTERNATIONAL DATA: Our website is hosted by servers located in the U.S.  Therefore, if you reside in the European Union, some of your data will be transferred internationally to those servers.  Transfers will be protected by appropriate safeguards, namely the EU-US Privacy Shield. More information on the Privacy Shield can be found at: https://www.privacyshield.gov/welcome.

DATA RETENTION: We retain personal data as long as it is needed to to conduct our legitimate business purposes or to comply with our legal obligations, or until you ask us to delete your data. For example, we will retain certain personal information indefinitely for the purposes of maintaining your account, unless and until you delete your account.  Data that we gather for a specific and particular purpose, such as assisting law enforcement or analyzing trends, will not be kept for longer than is necessary for that particular purpose.  Data that is no longer needed by us for any of the purposes listed above will be permanently deleted.  
You may request that we delete your data at any time.  However, note that we cannot control the retention policies of third parties.   If you wish to have any third parties, including those to whom we’ve transmitted your data, delete that data, you will need to contact those third parties directly.  You may request from us a list of all third parties to whom we have transmitted your data.

SECURITY OF YOUR INFORMATION: We take all reasonable steps to protect your personal data and keep your information secure.  We use recognized online secure payment systems and implement generally accepted standards of security to protect against personal data loss or misuse.  However, no security measure is foolproof, and no method of data transmission can be guaranteed against interception or misuse.  We cannot guarantee complete security of any information you transmit to us.
By consent to this Privacy Policy, you acknowledge that your personal data may be available, via the internet, around the world. We cannot prevent the use or misuse of your data by other parties.
We will notify you of promptly any known breach of our security systems or your data which might expose you to serious risk.

CHILDREN: This website or mobile app is not designed for use by children under age 16, and we do not knowingly solicit personal data from anyone under age 16.  If you are under age 16, do not access or use our website or related products or services.  If you become aware that we have collected data of anyone under the age of 16, please contact us so that we may delete that data.

YOUR RIGHTS: You have certain rights with respect to your personal data, as outlined below. Note that we may charge you a reasonable fee for actions that you ask us to take with respect to your data.  In addition, we reserve the right to request that you provide us with evidence of your identity before we take any action with respect to the exercise of your data rights.  Further, your rights may be restricted or nullified to the extent they conflict with our compelling business interests, the public interest, or the law.

Update Account Information:  You have the right to update or change any information you have provided to us.  To update or delete your information, please contact us at irazema.nutritionconsultant@gmail.com.

Confirm Personal Data and Its Use: You have the right to request that we confirm what data we hold about you, and for what purposes.  You also have the right to confirmation of whether we process your data or deliver your data to third party processors, and for what purposes. We will supply you with copies of your personal data unless doing so would affect the rights and freedoms of others. 

Change Consent: You have the right to change your consent to our use of your information.  In such cases, we may require you to delete your account with us, as described above, and you may not have full access to our website.

Request a Copy of Data:  You have the right to request a digital copy of the data that we hold about you.  Your first request for a copy of your personal data will be provided free of charge; subsequent requests will incur a reasonable fee.

Transfer Your Data: You have the right to request that we gather and transfer your data to another controller, in a commonly used and machine readable format, unless doing so would cause us an undue burden.

Delete All Data:  You have the right to request that we delete all data that we hold about you, and we must delete such data without undue delay.  There are exceptions to this right, such as when keeping your data is required by law, is necessary to exercise the right of freedom of expression and information, is required for compliance with a legal obligation, or is necessary for the exercise or defense of legal claims.  Such a request may result in a termination of your account with us and you may have limited or no use of our website. 

Emails And Communications:  You may opt out of receiving future email correspondence from us by checking the appropriate box when you register for the account or make a purchase.  You may change your communication settings by contacting us at irazema.nutritionconsultant@gmail.com.

 Marketing Communications:  You may opt out of receiving any third party marketing communications or having your personal information used for marketing purposes. You may do this by contacting us at irazema.nutritionconsultant@gmail.com.

Processing: You may, in some circumstances restrict the processing of your data, such as when you contest the accuracy of your data or when you have objected to processing, pending the verification of that objection. When processing has been restricted, we will continue to store your data but will not pass it on to third party processors without your consent, or as necessary to comply with legal obligations or protect your rights or those of others or our company.  In addition, you may opt out of any processing of your data altogether. Note however that doing so may result in the termination of your account and loss of access to our website. 

Complaints: You have the right to complain to a supervising authority if you believe we are misusing your data or have violated any of your rights under this Privacy Policy or applicable law.

CALIFORNIA PRIVACY RIGHTS: The State of California has established its own unique regulations that apply to California residents.  If you reside in California, you have the right to obtain from us, once per year and free of charge, information regarding what information we disclose to third party marketers, and the names and addresses of each third party to whom we disclose your data.  If you are a California resident and would like to make such a request, please use the contact information listed below.
If you are a California resident and under the age of 18, you have the right to request that we remove any data that you publicly post on our website. To request removal of your data, please use the contact information listed below. Note that while we will remove your data that is publicly posted on our website, we may not be able to completely remove that data from our systems.

Newsletter Privacy: We offer the opportunity for you to volunteer certain information to us that is used for email and marketing purposes. This information includes, but is not limited to, your name and email. You will have an opportunity to unsubscribe from any future communications via email, but we reserve the right to maintain a database of past email subscribers. We reserve the right to use this information as reasonably necessary in our business and as provided by law. Your information will be shared with reasonably necessary parties for the ordinary course of conducting our business, such as through Facebook ads or Google Pay Per Click marketing campaigns.

Severability: If any part of these Terms, Conditions and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

Entire Agreement: The information contained herein constitutes the entire agreement between site users and our company relating to the use of this website.

Law and Jurisdiction: These Terms, Conditions and Privacy Policy are governed by and construed in accordance with United States law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of California, United States of America.

Contact Information

Irazema Garcia

irazema.nutritionconsultant@gmail.com.

Terms of Use


Irazema Garcia, Nutrition Consulting and Cooking

TERMS OF USE

Updated:   11/15/20 

Welcome to Irazema Garcia, Nutrition Consulting and Cooking.  Irazema Garcia, Nutrition Consulting and Cooking enables you to learn about health and wellness and book consultations with a nutrition consultant and certified chef. Prior to using the website, we require that you read and accept all of the terms and conditions in, and linked to, these Terms of Use (hereafter, the “Terms of Use”)  

Your Acceptance of Irazema Garcia, Nutrition Consulting and Cooking’s Terms of Use

These Terms of Use will govern your use of the Irazema Garcia, Nutrition Consulting and Cooking website (the “Website”) and all other services provided by Irazema Garcia, Nutrition Consulting and Cooking (collectively, the “Services”). 

These Terms of Use set forth the terms and conditions of use of the Services in addition to those set forth in Apple’s standard EULA as part of the App Store’s Terms of Service.  These Terms of Use may be modified by Irazema Garcia, Nutrition Consulting and Cooking in its sole discretion from time to time and such modifications shall automatically become part of the Terms of Use and shall be effective once posted by Irazema Garcia, Nutrition Consulting and Cooking on the irazemagarcia.com website. Your use of the Services will be subject to any such modifications. You should review the Website and these Terms of Use from time to time for any modifications.

YOU UNDERSTAND THAT BY USING THE WEBSITE AND/OR THE SERVICES YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE WEBSITE OR SERVICES. 

Your Use of the Website

You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Irazema Garcia, Nutrition Consulting and Cooking server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Website or any network connected to the Site, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of Irazema Garcia, Nutrition Consulting and Cooking, including any Irazema Garcia, Nutrition Consulting and Cooking account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Irazema Garcia, Nutrition Consulting and Cooking’s systems or networks, or any systems or networks connected to the Website.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Website for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Irazema Garcia, Nutrition Consulting and Cooking or any third parties.

Changes to the Website

Irazema Garcia, Nutrition Consulting and Cooking reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Content 

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Irazema Garcia, Nutrition Consulting and Cooking, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Irazema Garcia, Nutrition Consulting and Cooking’s express prior written consent.

User-Generated Content

User-Generated Content includes anything you upload to, store on, or transmit through the Website, such as [text postings to the help forum, sketch uploads in Skribb.it or .PPT file format], and other data, documents, photos, and video. Irazema Garcia, Nutrition Consulting and Cooking does not claim ownership of User-Generated Content. Your content remains your content, and you are responsible for it. We do not control, verify, pay for, or endorse the User-Generated Content that you and others make available on the Services. Irazema Garcia, Nutrition Consulting and Cooking does not attest to the accuracy of any User-Generated Content available on the Website, and you rely on the information conveyed in such User-Generated Content at your own risk. 

Additionally, you will not upload, store, or transmit any User-Generated Content that infringes the copyright, trademark, trade dress, or other intellectual property of a third party on the Website. Irazema Garcia, Nutrition Consulting and Cooking disclaims liability for any such activity by the user that may infringe third-party intellectual property, and you further agree to indemnify Irazema Garcia, Nutrition Consulting and Cooking for any and all harm resultant from such activity.

Payment Processing

Payments are managed on the Website through the use of a third-party payment-processing provider. In accordance with the “DISCLAIMERS” subsection within these Terms of Use, Irazema Garcia, Nutrition Consulting and Cooking disclaims itself from any and all liability that may ensue from your use of the payment processing services. 

Online Meeting Platform

Consultations are provided through the use of a third-party online meeting platform. In accordance with the “DISCLAIMERS” subsection within these Terms of Use, Irazema Garcia, Nutrition Consulting and Cooking disclaims itself from any and all liability that may ensue from your use of the online meeting platform. 

Disclaimers

IRAZEMA GARCIA, NUTRITION CONSULTING AND COOKING DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, APPLICATION, SERVICE OR FEATURE ACCESSED THROUGH THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SERVICES AND THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. IRAZEMA GARCIA, NUTRITION CONSULTING AND COOKING CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. IRAZEMA GARCIA, NUTRITION CONSULTING AND COOKING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IRAZEMA GARCIA, NUTRITION CONSULTING AND COOKING DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY IRAZEMA GARCIA, NUTRITION CONSULTING AND COOKING SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST IRAZEMA GARCIA, NUTRITION CONSULTING AND COOKING FOR DISSATISFACTION WITH THE SERVICES OR THE WEBSITE OR ANY CONTENT IS TO STOP USING THE SERVICES OR WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

Indemnity

You will indemnify and hold our officers, directors, employees, and agents harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use, your improper use of Irazema Garcia, Nutrition Consulting and Cooking’s Website or Services and/or your violation of any law or the rights of a third party. 

No Agency

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Use. 

Choice of Law

These Terms of Use and our provision of Services to you shall be governed by the laws—state, federal, or otherwise—applicable in the State of California.

Forum of Dispute

Any dispute arising from or relating to these Terms of Use, the Website, or our provision of Services to you must be initiated and resolved in a court of competent jurisdiction in the State of California.  If you fail to bring a dispute in compliance with these “Forum of Dispute” provisions, we may make a motion to dismiss your claim, which you must consent to, and you will be responsible for all of our reasonable attorneys’ fees, costs, and disbursements involved in making such a motion.


Additionally, the successful party in any dispute will be entitled to receive from the unsuccessful party all of its reasonable attorneys’ fees, cost, and disbursements.

Severability


In the event that a provision of these Terms of Use is found to be unlawful, conflicting with another provision of the Terms, or otherwise unenforceable, the Terms of Use will remain in force as though they had not originally included the unenforceable provision.


If two or more Terms of Use provisions are deemed to conflict with each other’s operation, Irazema Garcia, Nutrition Consulting and Cooking shall have the sole right to elect which provision remains in force.

Contacting Irazema Garcia, Nutrition Consulting and Cooking

If you have any questions about these Terms of Use, or about Irazema Garcia, Nutrition Consulting and Cooking’s Website or Services, please contact us at:  

irazema.nutritionconsultant@gmail.com