TERMS AND CONDITIONS
www.barbieboules.com
Last Updated: October 15, 2024
Welcome to Barbie Boules, owned and operated by NYOUTRITION, Inc. (“Company”, “we”, “us”, or “our”). These Terms and Conditions (“Terms”) govern your use of our website located at www.barbieboules.com (the “Site”) and any products, services, or subscriptions you purchase or access through the Site (collectively, the “Services”). By accessing or using the Site or our Services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please refrain from using the Site or Services.
1. Introduction
These Terms constitute a legally binding agreement between you (“User,” “you,” or “your”) and NYOUTRITION, Inc. regarding your use of our Site and Services, which include but are not limited to subscription meal plans, educational materials (such as ebooks), and access to our Brain Space community. Your continued use of the Site or purchase of any Services signifies your acceptance of these Terms.
Please review these Terms carefully before using the Site or purchasing any Services. By accessing or using any part of the Site or Services, you agree to be legally bound by these Terms. If you do not agree with these Terms, please do not use our Site or Services.
2. Eligibility and User Responsibility
2.1 Eligibility
To access and use our Site and Services, you must be at least 18 years of age. By agreeing to these Terms, you represent and warrant that:
You are at least 18 years old.
You have the legal capacity and authority to enter into a binding contract.
Your use of our Services does not violate any applicable law or regulation.
2.2 User Responsibility
You agree to:
Provide accurate, current, and complete information as requested by us during the registration or subscription process.
Keep your account information up-to-date and secure, including your password and login credentials, and valid credit card information if purchasing a subscription.
Be fully responsible for all activity that occurs under your account.
Immediately notify us of any unauthorized use of your account or any breach of security.
NYOUTRITION, Inc. will not be liable for any losses caused by unauthorized use of your account. However, you may be held liable for any losses incurred by NYOUTRITION, Inc. or others due to such unauthorized use.
3. Description of Services
3.1 General Overview
Barbie Boules offers a variety of subscription-based services focused on women’s health, including meal plans (“Brain Food”), educational ebooks, and access to a membership community (“Brain Space”). Our Services are designed for educational and informational purposes, and are not intended to replace professional healthcare or medical advice.
3.2 Brain Food Subscription
This subscription plan includes access to monthly meal plans specifically curated by registered dietitians. The meal plans are designed to promote brain health and overall wellness, with a focus on providing nutritious and balanced meals. This is a digital product, delivered to users through the Site. The meal plans, and accompanying health information, are designed for educational and informational purposes, and are not intended to replace professional healthcare or medical advice.
3.3 Brain Space Subscription
This premium subscription plan includes all features of the Brain Food subscription, plus additional benefits, such as:
Access to the Brain Space community, which includes discussions, support, and live virtual events hosted on third-party platforms (e.g., Zoom, Circle).
Exclusive educational materials, including ebooks and webinars on brain health and nutrition. All information provided is designed for educational and informational purposes, and are not intended to replace professional healthcare or medical advice.
3.4 Digital Nature of Services
All of our products, including meal plans, ebooks, and community memberships, are digital in nature and are delivered electronically. No physical products are shipped to users.
3.5 Membership Availability
The Brain Space community is currently available on a waitlist basis until January 1, 2025. On or after that date, memberships will be made available to the general public.
4. Subscription Plans and Payment
4.1 Subscription Options
We offer the following subscription plans:
Brain Food Subscription: Access to monthly meal plans.
Brain Space Subscription: Access to meal plans, the Brain Space community, and additional educational content.
Both subscriptions are available on a monthly or annual basis. The pricing for each plan is available on the Site and may be subject to change at any time, with notice provided to existing subscribers in accordance with Section 4.5.
4.2 Automatic Renewal
Your subscription will automatically renew at the end of each billing cycle (monthly or annually) unless canceled before the renewal date. You authorize us to automatically charge your selected payment method for any renewal term.
4.3 Payment Methods
We accept various payment methods, including major credit cards. By providing a payment method, you represent and warrant that you are authorized to use it and that all payment information is true and accurate.
4.4 Failed Payments
If a payment fails for any reason (e.g., expired card, insufficient funds), we may suspend or terminate your subscription at our discretion. It is your responsibility to keep your payment information up to date.
4.5 Price Changes
We reserve the right to change the subscription fees for any plan at any time. Any price changes will take effect at the start of your next billing cycle following at least 30 days' notice. If you do not agree with the price changes, you must cancel your subscription before the next billing cycle begins.
5. Refund and Cancellation Policy
All subscription purchases for the Brain Food and Brain Space services are final and non-refundable. Please refer to our Refund and Cancellation Policy for more information on this section.
6. User Conduct
By using the Site and Services, you agree to adhere to the following conduct guidelines:
6.1 Prohibited Activities
You agree not to:
Use the Site or Services for any illegal purposes or in violation of any applicable laws.
Harass, threaten, or defame any other users or members of the community.
Transmit or upload any harmful code, viruses, or malware.
Infringe on any intellectual property rights of the Company or other users.
Distribute or publicly display any content from the Site or Services without prior written permission from NYOUTRITION, Inc.
6.2 Community Guidelines
When participating in the Brain Space community, you agree to:
Engage respectfully with other members.
Refrain from using offensive, discriminatory, or otherwise inappropriate language.
Follow any additional guidelines established for the community, which may be posted within the Brain Space platform.
6.3 Consequences of Violating User Conduct
We reserve the right to take appropriate action against users who violate these conduct guidelines, including but not limited to, suspension or termination of your account and access to Services, without refund.
7. Intellectual Property Rights
7.1 Ownership of Content
All content provided on the Site and through the Services, including but not limited to meal plans, ebooks, articles, webinars, images, and videos, is the property of NYOUTRITION, Inc. and is protected by intellectual property laws, including copyright, trademark, and trade secret laws.
7.2 License to Use Content
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the content solely for your personal, non-commercial use. You agree not to:
Reproduce, distribute, or publicly display the content.
Modify, adapt, or create derivative works from the content without our prior written consent.
7.3 User Content
If you submit any content to the Site or Services (e.g., in the Brain Space community), you grant NYOUTRITION, Inc. a worldwide, non-exclusive, royalty-free license to use, distribute, modify, and display such content in connection with providing the Services.
8. Digital Product Delivery and Access
8.1 Digital Nature of Services
All products and services offered by NYOUTRITION, Inc., including but not limited to meal plans, educational ebooks, and community membership access, are delivered digitally. No physical products will be shipped to users.
8.2 Access to Content
Upon successful payment of the subscription fee, users will receive access to the purchased digital products via the Site or third-party platforms used by the Company (such as Zoom, Squarespace, or Circle). Users are responsible for maintaining the hardware, software, and internet connection required to access these digital products and services.
8.3 Availability of Content
While we strive to ensure uninterrupted access to our content, we cannot guarantee that the Site or Services will always be available or error-free. Access may be interrupted for maintenance, updates, or reasons beyond our control, such as technical issues with third-party platforms.
8.4 Download and Use Limitations
For downloadable content (e.g., meal plans, ebooks), users may download and store a copy for personal use only. The redistribution, resale, or public sharing of any downloaded materials is strictly prohibited.
8.5 Termination of Access
In the event of subscription termination or suspension due to breach of these Terms, access to any purchased digital products or services will be immediately revoked without entitlement to a refund.
9. Third-Party Platforms and Tools
9.1 Use of Third-Party Platforms
Some services provided through the Site may be hosted or provided by third-party platforms, including but not limited to Zoom (for virtual meetings), Squarespace (for website hosting), and Circle (for community engagement). By using these services, you agree to the terms and policies of these third-party platforms.
9.2 No Liability for Third-Party Issues
NYOUTRITION, Inc. is not responsible for any issues, damages, or loss of access that may arise from your use of third-party platforms. If such issues arise, they are subject to the terms and policies of the respective third-party provider, and users are encouraged to contact the relevant platform directly to resolve them.
9.3 Interaction with Third-Party Content
Users may encounter third-party content, advertisements, or links while using our Site or Services. NYOUTRITION, Inc. is not responsible for the availability, accuracy, or content of third-party websites, services, or resources. The inclusion of any third-party links on the Site does not imply our endorsement or affiliation with those services.
9.4 External Payment Processors
We may use external payment processors to handle payments for subscriptions and services. By using these external payment processors, you agree to their respective terms and conditions. NYOUTRITION, Inc. is not liable for any issues related to payments processed through third-party providers.
10. Disclaimer of Warranties
10.1 As-Is and As-Available Basis
All Services and content provided by NYOUTRITION, Inc., including but not limited to meal plans, educational materials, and community access, are provided on an "as-is" and "as-available" basis, without any warranties of any kind, either express or implied.
10.2 No Warranty for Results
While our content is designed to support and promote brain health and overall wellness, we make no guarantees regarding the effectiveness of any meal plans, educational materials, or other content. You understand that results may vary from person to person, and we disclaim any responsibility for specific outcomes based on the use of our products or services.
10.3 No Warranty of Uninterrupted Access
We do not warrant that access to the Site or Services will be uninterrupted, secure, or error-free at all times. There may be temporary interruptions due to technical issues, maintenance, or other factors outside of our control.
10.4 No Medical Advice
The content provided through Barbie Boules, including meal plans, educational ebooks, and other health-related resources, is for informational and educational purposes only. It is not intended to replace professional medical advice, diagnosis, or treatment. Users are advised to consult with a healthcare provider before making any significant changes to their diet or health routine.
10.5 Exclusion of Implied Warranties
To the fullest extent permitted by law, NYOUTRITION, Inc. disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and title.
11. Limitation of Liability
11.1 No Liability for Indirect Damages
In no event shall NYOUTRITION, Inc. be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, or other intangible losses, arising out of or in connection with your use of the Site or Services, even if we have been advised of the possibility of such damages.
11.2 Cap on Liability
To the maximum extent permitted by law, the total liability of NYOUTRITION, Inc. for any claim arising out of or relating to these Terms or your use of the Services shall not exceed the amount you paid for the Services in the twelve (12) months prior to the incident giving rise to the claim.
11.3 No Liability for User Actions
NYOUTRITION, Inc. is not responsible for the actions or conduct of any users of the Site or Services. This includes but is not limited to any disputes arising within the Brain Space community or any violations of these Terms by other users.
11.4 Force Majeure
NYOUTRITION, Inc. shall not be held liable for any delay or failure to perform any obligation under these Terms due to causes beyond our reasonable control, including but not limited to natural disasters, acts of war, government regulations, internet outages, technical failures, or other unforeseeable events (collectively, "Force Majeure").
12. Indemnification
12.1 User’s Indemnity Obligations
You agree to indemnify, defend, and hold harmless NYOUTRITION, Inc., its directors, officers, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or related to:
Your use of the Site or Services.
Your violation of these Terms.
Your breach of any representations or warranties made in these Terms.
Any content you submit or transmit to the Site, including any user-generated content shared in the Brain Space community.
Your violation of any third-party rights, including intellectual property rights.
12.2 Company’s Right to Defense
NYOUTRITION, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. In such cases, you agree to cooperate fully with our defense of such claims.
13. Privacy Policy
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information when you use our Site and Services. By using the Site and Services, you agree to the collection and use of your information in accordance with our Privacy Policy.
We encourage you to review our Privacy Policy regularly to stay informed about our information practices.
14. Cookies and Tracking
14.1 Use of Cookies
Our Site uses cookies to improve your browsing experience, provide personalized content, and analyze traffic. By continuing to use the Site, you consent to the use of cookies in accordance with our Cookie Policy.
15. User-Generated Content
15.1 Ownership of User Content
While using the Services, you may have the ability to submit, post, or upload content to certain areas of the Site, including the Brain Space community (“User-Generated Content”). You retain all ownership rights to the content you create and submit. However, by submitting User-Generated Content, you grant NYOUTRITION, Inc. a non-exclusive, royalty-free, worldwide, irrevocable, perpetual, and sublicensable right to use, reproduce, modify, distribute, and display such content for purposes of operating the Site and Services.
15.2 Prohibited Content
You agree not to submit any content that:
Violates any law or regulation.
Infringes the intellectual property rights of any third party.
Is defamatory, abusive, threatening, or otherwise harmful.
Contains offensive or inappropriate material, including but not limited to hate speech, harassment, or pornography.
15.3 Monitoring and Moderation
NYOUTRITION, Inc. reserves the right to monitor, review, and, if necessary, remove any User-Generated Content that we deem to be in violation of these Terms, without notice or liability to you. However, we are not responsible for monitoring or controlling all content posted by users, and we do not guarantee that inappropriate content will be removed.
15.4 User Responsibility for Content
You are solely responsible for any content you submit or post through the Services. You represent and warrant that your User-Generated Content complies with these Terms, and you agree to indemnify NYOUTRITION, Inc. for any claims arising from your content.
16. Disclaimers for Health-Related Information
16.1 No Medical Advice
All content provided through the Site and Services, including but not limited to meal plans, ebooks, and community discussions, is for informational and educational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding your health or a medical condition.
16.2 No Doctor-Patient Relationship
The use of the Site or Services does not establish a doctor-patient relationship. None of the content provided is intended to create any medical relationship or constitute a healthcare service. NYOUTRITION, Inc. is not responsible for any consequences of your use or reliance on any information provided through the Site or Services.
16.3 Health Disclaimer
Results from the meal plans or other services offered may vary from person to person. No guarantees are made regarding weight loss, nutritional improvement, or other health benefits. Users are advised to consult with a healthcare provider before making significant changes to their diet or health practices.
17. Subscription Hold or Pausing
17.1 Subscription Hold
At NYOUTRITION, Inc.’s discretion, we may allow users to temporarily pause their subscriptions for a specified period. This hold feature is offered as a courtesy, and its availability may be limited to certain subscription tiers or timeframes.
17.2 Requesting a Hold
To request a subscription hold, users must contact customer support via email at least 7 days before the next billing cycle. Once approved, the hold will take effect at the start of the next billing cycle. During the hold period, users will not be charged, and access to the Services will be temporarily suspended.
17.3 Resuming Service
At the end of the hold period, your subscription will automatically resume, and the billing cycle will continue as scheduled. You may also request to resume service before the end of the hold period by contacting customer support.
17.4 Company’s Right to Deny Hold Requests
NYOUTRITION, Inc. reserves the right to deny any hold requests or modify the terms of the hold feature at any time, with or without notice.
18. Force Majeure
18.1 Events Beyond Our Control
NYOUTRITION, Inc. shall not be liable for any delay or failure in the performance of our obligations under these Terms if such delay or failure results from causes beyond our reasonable control. These causes may include, but are not limited to, acts of God, natural disasters, war, terrorism, labor strikes, pandemics, governmental restrictions, internet outages, or any other event considered to be a "Force Majeure" event.
18.2 Effect of Force Majeure
During a Force Majeure event, our obligations under these Terms will be suspended to the extent that they are affected by the event. We will make reasonable efforts to notify users of any delays or interruptions caused by Force Majeure and will resume performance of our obligations as soon as reasonably practicable.
19. Modifications to the Terms
19.1 Right to Modify
NYOUTRITION, Inc. reserves the right to modify, update, or change these Terms at any time. Any modifications will be effective immediately upon posting the updated Terms on the Site. Users will be notified of material changes via email or through a prominent notice on the Site.
19.2 User Responsibility to Review
It is your responsibility to review these Terms periodically. Continued use of the Site or Services after any changes have been made to the Terms constitutes your acceptance of the revised Terms.
19.3 Opt-Out of Changes
If you do not agree to the updated Terms, you must discontinue your use of the Site and Services immediately and cancel your subscription. No refunds will be provided for periods already billed or paid for.
20. Termination of Agreement
20.1 Termination by User
You may terminate your agreement with NYOUTRITION, Inc. at any time by canceling your subscription through your account or by contacting customer support. Termination will take effect at the end of your current billing cycle. You will not be entitled to any refund for unused subscription time.
20.2 Termination by NYOUTRITION, Inc.
We reserve the right to terminate or suspend your account, access to the Site, or your subscription at any time and for any reason, including but not limited to your breach of these Terms, failure to make timely payments, or any violation of applicable laws. In the event of termination by NYOUTRITION, Inc., you will not be entitled to any refund.
20.3 Post-Termination Obligations
Upon termination, you will lose access to all content and Services associated with your subscription. All provisions of these Terms that are intended to survive termination, including but not limited to intellectual property rights, indemnification, disclaimers, and limitations of liability, will continue in full force and effect after termination.
21. Dispute Resolution and Governing Law
21.1 Arbitration Clause
In the event of any dispute arising out of or relating to these Terms or your use of the Site or Services, you agree to first attempt to resolve the dispute informally by contacting us at support@barbieboules.com. If the dispute is not resolved within 30 days, you agree to resolve any claim, dispute, or controversy through binding arbitration administered by the American Arbitration Association (“AAA”) under its rules.
21.2 Governing Law
These Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions.
21.3 Jurisdiction
You agree that any legal proceedings, including arbitration, arising under these Terms will be conducted in the State of Illinois.
21.4 Exceptions
Notwithstanding the above, either party may bring claims in small claims court for disputes within that court’s jurisdiction. Either party may also seek injunctive or other equitable relief to protect intellectual property rights.
22. Class Action Waiver
By agreeing to these Terms, you waive any right to participate in any class-action lawsuit or class-wide arbitration against NYOUTRITION, Inc. Any dispute resolution under these Terms will be conducted on an individual basis, and not as a class, collective, or representative action.
You further agree that no arbitration or other legal proceedings will be combined with another without the prior written consent of all parties involved.
23. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable for any reason by a court or arbitrator of competent jurisdiction, the remaining provisions of these Terms will continue in full force and effect. The invalid, illegal, or unenforceable provision will be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable.
24. Entire Agreement
These Terms, along with the Privacy Policy, Cookie Policy, and any other agreements or policies referenced herein, constitute the entire agreement between you and NYOUTRITION, Inc. regarding your use of the Site and Services. These Terms supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and NYOUTRITION, Inc. with respect to the Site and Services.
25. Contact Information
If you have any questions, concerns, or comments about these Terms or any aspect of our Services, please feel free to contact us:
Email: connect@barbieboules.com