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TERMS OF SITE USAGE

YOUR ACCEPTANCE OF THESE TERMS OF USE
These Terms of Use apply to all users of this Site. By using this Site, you are agreeing to comply
with and be bound by these Terms of Use with EMILY MOORE NUTRITION LLC (“Site”).
If you do not agree to these Terms of Use, you may not access or use this Site.

YOUR ACCEPTANCE OF OUR PRIVACY POLICY
By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy, which is
expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy.
All information provided to us as a result of your use of this Site will be handled in accordance
with our Privacy Policy. In consideration of your use of this Site, you agree that to the extent you
provide personal information to the Site it will be true, accurate, current, and complete and that
you will update all personal information as necessary. To the extent there are inconsistencies
between these Terms of Use and our Privacy Policy, these Terms of Use control.

OWNERSHIP OF THIS SITE AND ITS CONTENT
The Site owns all intellectual property rights in (a) all text, logo, images, headers, trademarks,
service marks, design elements, and all other protected elements on the Sites (except those
licensed from others); (b) all things otherwise provided to you as a part of the Site’s services,
and; (c) any other intellectual property rights afforded to the Site, either through state or federal
registration or as otherwise available at common law (“Intellectual Property”). Except as stated
within, the Site does not grant you any rights to any Intellectual Property that may be available to
you generally through the Site. You agree not to make unauthorized use of or otherwise infringe
upon the Site’s Intellectual Property in any way and understand that it is your responsibility to
ensure you refrain from doing so.

THIRD-PARTY GENERATED CONTENT
The Site contains content generated from third-parties, including but not limited to comments
and we do not guarantee the accuracy, integrity, or quality of third-party generated content. The
Site does not endorse, and is not responsible for, statements, advice and opinions made by
anyone other than authorized Site spokespersons.

DISCLAIMERS
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS
SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR
PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT
(INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS
AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY
KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, ITS
FRANCHISES AND AFFILIATES, AND THEIR SERVICE PROVIDERS AND
LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES,
WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF
DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH
RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES
AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, THE SITE, ITS AFFILIATES, AND THEIR
SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS
AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY
OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE,
COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY
OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR
ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE
OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS,
ADVICE OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH
STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE
STATEMENTS, ADVICE AND OPINIONS OF THE SITE. WE DO NOT MAKE ANY
REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF
DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS,
PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR
SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER
REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN
WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY
NOT APPLY TO YOU.

LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON
BEHALF OF OUR DIRECTORS, OFFICERS, FRANCHISEES, EMPLOYEES,
AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND
DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER

NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY
DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR
CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY
A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY;
CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR
CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE
USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING
SUCH PROCEDURES FOR DATA BACKUP AND VIRUS CHECKING AS YOU
CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER
THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

WAIVER
Our failure at any time to require performance of any provision of these Terms of Use or to
exercise any right provided for herein will not be deemed a waiver of such provision or such
right. All waivers must be in writing. Unless the written waiver contains an express statement to
the contrary, no waiver by any breach of any provision of these Terms of Use or of any right
provided for herein will be construed as a waiver of any continuing or succeeding breach of such
provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

SEVERABILITY
If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary
to law, such provision will be changed and interpreted so as to best accomplish the objectives of
the original provision to the fullest extent allowed by law and the remaining provisions of these
Terms of Use will remain in full force and effect.

GOVERNING LAW, JURISDICTION AND VENUE
These Terms of Use and Privacy Policy will be governed under the laws of the State of
VIRGINIA without regard to its conflicts of law provisions. All actions or proceedings arising
out of or relating to these Terms of Use will be adjudicated exclusively in the state or federal
court of competent jurisdiction for the City of RICHMOND. You hereby irrevocably consent
and submit to the personal jurisdiction of said courts for all such purposes. Notwithstanding the
foregoing, the Site may also bring legal proceedings in any jurisdiction where we believe that
infringement of these Terms of Use is taking place or originating. If either party to this
agreement brings a legal action against the other party to these Terms to secure the specific
performance of the Terms, collect damages for breach of this agreement, or otherwise enforce or

interpret these Terms, the prevailing party will recover reasonable attorney’s fees and all costs,
premiums for bonds, fees, and other expenses expended or incurred in the action in addition to
any other relief that may be awarded.

INDEMNITY
You agree to indemnify, defend and hold harmless the Site from any loss, liability, claim, or
demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of,
your use of this Site in violation of these Terms of Use and/or arising from a breach of these
Terms of Use and/or any breach of your representations and warranties set forth above and/or if
any material that you post using this Site causes us to be liable to another.

THESE TERMS OF USE MAY CHANGE
These Terms of Use are current as of the effective date of use. The Site reserves the right to
change these Terms of Use from time to time consistent with applicable laws and principles.
These changes will be effective as of the date we post the revised version on this Site. Your
continued use of this Site after we have posted the revised Terms of Use constitutes your
agreement to be bound by the revised Terms of Use. If at any time you choose not to accept these
Terms of Use, you should not use this Site.

ENTIRE AGREEMENT
These Terms of Use (together with our Privacy Policy and any Privacy Notices or click-through
agreements applicable to you) contain the entire understanding and agreement between you and
the Site with respect to this Site and supersede all previous communications, negotiations, and
agreements, whether oral, written, or electronic, between you and the Site with respect to this
Site and your use of this Site.

DEFINITIONS
The term “Content” refers to all of the software and codes comprising or used to operate this
Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and
audio-video clips, and other materials available on this Site.
The terms “EMILY MOORE NUTRITION LLC,” “we,” “us,” and “our” refer to EMILY
MOORE NUTRITION LLC.

The term “including” means “including, but not limited to.”
The term “Site” refers to any website, application or service owned by EMILY MOORE
NUTRITION LLC on which these Terms are posted.

QUESTIONS
If you have any questions about this Site or these Terms of Site, please contact us using the
following information: via email at hello@emilymoorenutrition.com