TERMS OF USE

http://www.emotional eatinghelp.org (the “Site”) is provided by Nelson Bach USA Ltd (“Nelson,” “we,” “our,” or “us”) subject to the following Terms of Use and any operating rules or policies that may be published from time to time by Nelson.

Changes to the Terms of Use

Nelson may, in its sole discretion, change, add or remove any portion of the Terms of Use at any time by posting new Terms of Use on the Site. Your continued use of the Site after such changes are posted will constitute your agreement to such changes.

Modifications to the Site

Nelson reserves the right, for any reason, in its sole discretion, to terminate, suspend or change any aspect of the Site including but not limited to content or features. Nelson may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice to you.

Intellectual Property

All right, title and interest in and to the content and materials on the Site are either owned or controlled by Nelson or used with permission and are protected by intellectual property and other laws. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any materials on the Site, including but not limited to the copyrights and trademarks displayed on the Site without the prior written permission of Nelson. Except as expressly authorized by Nelson, any use, copy, reproduction, display, performance, modification or retransmission is strictly prohibited.

Submissions

All remarks, submissions, ideas, concepts, pictures or other information you submit to the Site will become the exclusive property of Nelson. Nelson will not be required to treat any submission as confidential, and will be entitled to use all submissions for any purpose whatsoever, without any compensation to you.

Account Information

You agree that you will provide accurate information when creating an account on the Site and that you will keep your account information up-to-date.

Password

You are solely responsible for protecting the confidentiality of your password and may not disclose your password to any other person. In the event that an unauthorized user gains access to the password-protected area of the Site as a result of your acts or omissions, you agree that you shall be liable for any such unauthorized use.

Fees

Nelson will charge you fees for products or services offered for sale on the Site. You agree to pay all fees and charges, including applicable taxes, incurred through your purchase order.

Return Policy
All consumer purchases are 100% satisfaction guaranteed or your money back. If you are dissatisfied for any reason, you can return the Nelsons product (opened or unopened) along with your receipt or invoice. We will refund the full purchase price.

To return the item by mail, call our customer service department at (978) 988-3833. We will work with you to ensure that both your return and credit refund are processed accurately.

Privacy
For an explanation of our online information collection practices, please see our Privacy Policy at [hyperlink to Privacy Policy].

Third-Party Websites
The Site may provide links to other third-party Internet websites and/or resources. Because Nelson has no control over such third-party websites and/or resources, you hereby acknowledge and agree that Nelson is not responsible for the availability of such third-party websites and/or resources. Nelson is not responsible or liable for, any terms and conditions, privacy policies, content, and/or other materials at or available from such third-party websites, or resources, or for any damages and/or losses arising therefrom.

Content
Nelson does not guarantee the accuracy, completeness, or usefulness of any information or content available on the Site. You understand and agree that Nelson will not be responsible for and you hereby agree to hold Nelson harmless from, any and all loss or damage resulting from anyone’s reliance on information or content posted on the Site.

DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NELSON DOES NOT WARRANT (A) THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, (B) THAT DEFECTS WILL BE CORRECTED; OR (C) THE QUALITY OR ACCURACY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL THAT YOU WERE EXPOSED TO THROUGH THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.

LIMITATION OF LIABILITY
IN NO EVENT SHALL NELSON BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO EVEN IF NELSON OR AN AUTHORIZED REPRESENTATIVE THEREFOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF NELSON TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED ONE HUNDRED DOLLARS ($100.00) IN THE AGGREGATE.

Indemnification

You agree to defend, indemnify and hold Nelson and its officers, directors, employees, agents, licensees, successors and assigns (collectively the “Indemnified Parties”) harmless from and against any and all claims, losses, damages, liabilities, judgments and costs and expenses related thereto (including, without limitation, reasonable attorneys’ fees) incurred by or suffered by an Indemnified Party in connection with any claim arising out of or related to (i) your use of the Site or any of its products or services offered via the Site, or (ii) your breach or violation of any of these Terms of Use. Nelson reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of Nelson.

Termination

This agreement constitutes a binding agreement between you and Nelson until terminated by you or Nelson, which Nelson may do at any time, without notice, in its sole discretion. If you become dissatisfied with the Site, your only recourse is to immediately discontinue use of the Site.

Choice of Law; Forum

This agreement shall be governed by and is in accordance with the laws of the State of Massachusetts, without regard to conflicts of law provisions. Any controversy involving Nelson arising from or in any way related to the Terms of Use or your use of the Site shall be heard in the appropriate State or Federal court in Boston, Massachusetts and you irrevocably consent to the jurisdiction of such courts.

General Provisions

Nelson makes no representation that the content and materials on the Site are appropriate, available or legal in any location outside the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of the Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision shall be enforced to the maximum extent possible so as to effect the intent of the Terms of Use, and the remainder of the Terms of Use shall continue in full force and effect. The failure by either you or Nelson to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site or the Terms of Use must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. All provisions in the Terms of Use regarding representations and warranties, indemnification, disclaimers, and limitation of liability shall survive the termination of the Terms of Use.

Contact Information

If you any questions or comments about these Terms of Use, Nelson can be contacted as follows:


Nelson Bach USA Ltd
21 High Street
Suite 302
North Andover, MA 01845

Telephone:
1-800-319-9151
1-978-988-3833

Fax: 1-978-988-0233

Email: info@nelsonbach.com

80438353.1