Effective: December 29, 2025 (previous version)

Terms of Use

1. Acceptance of Terms of Use

Welcome to Nourish. This website is operated by Nourish, Inc. (“us” or “we”). We offer this website (the “Site”) and any content, functionality, and services offered or delivered on the Site or via email communication (collectively, and including the Site, the “Services”) to the user (“you”) conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

These terms of use (the “Terms”) are a binding contract between you and us. You must agree to and accept all of the Terms, or you do not have the right to use the Services. Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in our Privacy Policy (www.usenourish.com/privacy), which are incorporated herein by reference. If you do not want to agree to these Terms, you must not access or use the Services.

NOTICE: Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

IMPORTANT NOTICE REGARDING ARBITRATION AGREEMENT: THESE TERMS CONTAIN A MANDATORY ARBITRATION AGREEMENT, REQUIRING YOU TO RESOLVE ANY DISPUTE BETWEEN YOU AND US THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION, SUBJECT TO LIMITED EXCEPTIONS, RATHER THAN IN COURT, AND REQUIRING YOU TO FOREGO JURY TRIALS, CLASS, COLLECTIVE, AGGREGATE, REPRESENTATIVE, OR CONSOLIDATED ACTIONS OR PROCEEDINGS, AND ALL OTHER TYPES OF COURT PROCEEDINGS OF ANY AND EVERY KIND. YOU WILL BE BOUND BY THIS ARBITRATION AGREEMENT, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE OPT-OUT PROCEDURES SET FORTH BELOW. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THE ARBITRATION AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

2. Eligibility 

The Services are offered and available only to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Services, you represent and warrant that you meet the foregoing eligibility requirements. If you are accessing or using the Services on behalf of an entity, you represent that you have the authority to bind the entity to these Terms.

3. Personal Information

Your submission of personal information is governed by our Privacy Policy, which is incorporated herein by reference.

4. Dispute Resolution: Binding Individual Arbitration; Class Action and Jury Trial Waiver (“Arbitration Agreement”)

Mandatory Binding Arbitration of Disputes. You and we agree that, subject to limited exceptions specified in this Arbitration Agreement, all disputes, causes of action, or claims arising out of, in connection with, or related to these Terms or this Arbitration Agreement, the Services, or any aspect of the relationship between you, on the one hand, and us, on the other hand, or the breach, termination, enforcement, interpretation, or validity of these Terms or this Arbitration Agreement (collectively, “Disputes”), whether such Disputes arose before, on, or subsequent to you entering these Terms, will be resolved through final and binding, individual arbitration in accordance with the rules and procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”), instead of in a court in any jurisdiction by a judge or jury. You and we agree that an arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding this Arbitration Agreement, you and we each retain the right to bring an individual action in small claims court if it qualifies. Each party also retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. 

Class Action/Jury Trial Waiver. You and we agree that each party is waiving the right to trial by a jury or to participate in any purported class, collective, aggregate, representative, or consolidated action, arbitration, or other proceeding. Unless both you and we agree in writing or unless otherwise permitted by this Arbitration Agreement, each party may bring claims against the other only in your or our individual capacity, and not as a plaintiff or class member in any purported class, collective, aggregate, representative, or consolidated action, arbitration, or other proceeding. If the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If the foregoing Class Action/Jury Trial Waiver is found to be unenforceable, then the entirety of this Arbitration Agreement section shall be null and void, and you and we shall be deemed not to have agreed to arbitrate Disputes. This Arbitration Agreement shall survive any termination of these Terms. 

Opt-Out Procedures. You can choose to reject this Arbitration Agreement by sending us a written opt-out notice (“Opt-Out Notice”) within thirty (30) days following the date you first agree to these Terms by mail at Nourish, c/o Opt-Out Notice, 3724 Jefferson Street #104, Austin, TX 78731 or by email at support@usenourish.com. If mailed, the Opt-Out Notice must be postmarked no later than thirty (30) days following the date you first agree to these Terms. To be effective, the Opt-Out Notice must contain your name, address, and signature. If you opt-out of the Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.

Rules and Procedures. In the event of a Dispute, you and we each agree to send the other party a written notice of Dispute stating the name, address, and contact information of the party giving notice; the facts giving rise to the Dispute; and the relief requested (“Notice of Dispute”). You must send any Notice of a Dispute by mail at Nourish, c/o Notice of Dispute, 3724 Jefferson Street #104, Austin, TX 78731 or by email at support@usenourish.com. We will send any Notice of Dispute to you at the email address or mailing address we have for you, if any. You and we agree to attempt to resolve any Dispute through informal negotiation within thirty (30) days after the Notice of Dispute is received. After the end of that thirty (30) day period and not before, you or us may commence an arbitration proceeding as set forth in this Arbitration Agreement. Notwithstanding the foregoing, our and your right to bring an individual action in small claims court shall not require an attempt to first resolve the relevant Dispute through informal negotiation.

If the parties cannot resolve the Dispute informally, you and we each agree that all Disputes shall be resolved exclusively through individual arbitration, as provided in this Arbitration Agreement. The arbitration will be administered by JAMS under its applicable rules and procedures, including any supplementary rules and fee schedules then in effect (“JAMS Rules”) then in effect, except as modified by these Terms. The JAMS Rules are available at https://www.jamsadr.com/adr-rules-procedures/ or by calling JAMS at 1-800-352-5267. 

A party who wishes to start arbitration must submit a written Demand for Arbitration to JAMS and give notice to the other party as specified in the JAMS Rules. You can contact JAMS for more information on how to commence an arbitration proceeding at www.jamsadr.com or 1-800-352-5267. Any arbitration hearings will take place in New York, where we reside, in the city or county wherein you reside, or at another mutually agreed location (including by telephone or remote means). 

It is the intent of the parties that the JAMS Rules and the U.S. Federal Arbitration Act (“FAA”) shall preempt all state laws to the fullest extent permitted by law. If the JAMS Rules and the FAA are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of New York, without regard to its choice or conflict of law provisions. 

Mass Arbitration: In the event that 20 or more similar arbitration demands presented by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization are allowed to be submitted for arbitration, the following additional terms in this paragraph shall apply and the parties shall be deemed to have agreed to the application of JAMS Mass Arbitration Procedures and Guidelines available at https://www.jamsadr.com/mass-arbitration-procedures, as modified by this Arbitration Agreement. JAMS shall: (i) administer the arbitration demands in 20 batches, with the discretion to create additional batches if JAMS finds that they are necessary to facilitate the efficient resolution of demands; and (ii) apply a single initial filing fee and administrative fee per batch for each side as set forth in JAMS Mass Arbitration Procedures Fee Schedule. You agree to cooperate in good faith to implement this batch approach to facilitate the efficient resolution of claims. This provision shall in no way be interpreted as authorizing class arbitrations of any kind. We reserve all rights and defenses as to each and any demand and claimant. If any court or arbitrator determines that this subsection is void or unenforceable for any reason or that an arbitration can proceed on a class basis, or that an arbitration can proceed on a mass arbitration basis without the application of this paragraph, then the Arbitration Agreement shall be deemed null and void in its entirety, and you and we shall be deemed not to have agreed to arbitrate Disputes.

Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. 

Changes to Arbitration Agreement. Notwithstanding anything to the contrary in these Terms, if we change any of the terms of this Arbitration Agreement after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice of such rejection within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” above, or by not accessing or using the Site. The written notice must be provided either by mail at Nourish, c/o Terms Rejection, 3724 Jefferson Street #104, Austin, TX 78731 or by email at support@usenourish.com. To be effective, your notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and we in accordance with the terms of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

5. Accessing the Services 

We reserve the right to withdraw or amend the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.

6. Account Information and Security

To use the Services, you may need to provide information. You represent and warrant that all information you provide is accurate, current, and complete, and you will promptly update it as needed. You must safeguard your account credentials (including any multi-factor authentication) and not share or permit others to use them. You are responsible for all activity under your account, authorized or not, and will maintain reasonable security measures (e.g., strong passwords, secure devices, and timely updates).

Notify us immediately of any suspected or actual unauthorized access, credential compromise, or other security incident. We may require credential changes, enable additional controls, or take other steps to protect the Services.

We may suspend or terminate access if we believe your account is compromised, you breach these obligations, or as needed to protect the Services or other users. This section does not limit your obligations under law, liability for failing to safeguard credentials, or liability for unauthorized use of your account.

7. General

We reserve the right to refuse access to or use of the Services to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the Site through which the Services are provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

8. Intellectual Property Rights 

As between you and us, the Services (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us or our licensors and are protected by intellectual property and proprietary rights laws. Subject to your compliance with these Terms, you are granted a limited, non-transferrable, non-sublicensable, revocable license to access and use the Services solely for your personal, non‑commercial use. No right, title, or interest in or to the Services or any content is transferred to you, and all rights not expressly granted are reserved by us.

9. Trademarks 

The “Nourish” name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of us or our affiliates or licensors. You must not use such marks without our prior written permission. 

10. Third-Party Websites and Content

The Services may display or link to websites, content, or services that are not owned, managed, or controlled by us (“Third-Party Materials”). We do not endorse, monitor, review, or assume any responsibility for Third-Party Materials. Access to and use of Third-Party Materials is at your own discretion and risk. We are not responsible for any issues arising from or relating to your use of or reliance on Third-Party Materials.

11. Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

• in any way that violates any applicable federal, state, local, or international law or regulation (including export laws);
• for the purpose of exploiting, harming, or attempting to exploit or harm minors;
• to transmit, or procure the sending of, any advertising or promotional material, including any junk mail, chain letter, spam, or any other similar solicitation;
• to impersonate or attempt to impersonate us, our employees, another user, or any other person or entity; or
• to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or users of the Services, or expose them to liability.

Additionally, you agree not to:

• use the Services, including any content on the Site, in combination with artificial intelligence, including to train an algorithm, machine learning tool, or other artificial intelligence technology; to conduct data mining; or to generate any output;
• use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services;
• use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
• use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms;
• use any device, software, or routine that could interfere with the proper working of the Services;
• introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services;
• attack the Services via a denial of service attack or a distributed denial of service attack;
• otherwise attempt to interfere with the proper working of the Services;
• reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material found on the Services; or
• delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.

12. Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site. ‍

13. AI Features

AI Features. The Services may include artificial intelligence features (the “AI Features”). You understand that use of the AI Features constitute interactions with an automated system, not a human. The AI Features do not substitute for a licensed healthcare provider, and their outputs do not constitute medical, nutritional, or other professional advice, diagnoses, or treatment recommendations. You should not rely on the AI Features as a substitute for professional judgment. Always seek the advice of a qualified health professional with any questions regarding your health, diet, or nutrition.‍

No Emergency or Crisis Use. The AI Features cannot respond to emergency or crisis situations. Do not use the Services, including the AI Features, for urgent or life-threatening issues. If you believe you are experiencing a medical emergency, call 911 (or your local emergency number) or seek immediate assistance from emergency services.‍

Informational Content. Content generated by the AI Features may be incomplete, outdated, or inaccurate due to the nature of machine learning and other factors. We do not warrant the accuracy, completeness, or usefulness of any AI-generated content. Any reliance you place on such information is strictly at your own risk. You agree to use your own discretion and, where appropriate, verify information before making decisions or changes to your health or nutrition regimen.

Your Responsibilities. You are responsible for your inputs to the AI Features and for how you use any outputs. You agree that your use of the AI Features will comply with these Terms and with applicable law. Without limiting the foregoing, you will not use the AI Features to submit unlawful, harassing, infringing, or harmful content, and you will not attempt to interfere with; disrupt the operation of; or encourage, solicit, or prompt unintended, infringing, or otherwise problematic behaviors in the AI Features or the Services.

Our Use of AI Interactions. Information you share with the AI Features will be used to provide and improve the Services, in accordance with our Privacy Policy. Please do not share information that is unnecessary for your use of the Services. We may review AI Features interactions to operate, maintain, and improve the Services, including by using aggregated or de-identified information, consistent with the Privacy Policy.

Relationship to Disclaimers and Limits of Liability. This section operates in addition to, and not in lieu of, the “Disclaimer of Warranties; Limitation of Liability” and other provisions of these Terms.

14. Modifications to Services and Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Services.

15. Third-Party Payment Processor

You agree to pay us, through our payment processor or financing partner (as applicable), all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when you set up your account. Sales tax will be added to the price of purchases as required. All payments will be made in U.S. dollars. We reserve the right to correct, or to instruct our payment processor or financing partner to correct, any errors or mistakes, even if payment has already been requested or received.

16. Bill Inquiries and Refunds

If you believe you have been billed in error for a subscription, please notify us within thirty (30) days of the billing date by emailing support@usenourish.com. No refunds or credits after the expiration of this thirty (30) day period will be issued, except where required by applicable law.

17. User Contributions and Feedback

By submitting information through the Services (“User Contributions”), you grant us the irrevocable, perpetual, transferrable, non‑exclusive, fully‑paid, worldwide, royalty‑free license to use such User Contributions for the purpose of performing the Services for you and fulfilling our other obligations and exercising our rights under these Terms. We are under no obligation (a) to pay compensation for any User Contributions; or (b) to monitor, use, return, review, or respond to any User Contributions.

You may, at your sole discretion, provide input, comments, or suggestions regarding the Services (“Feedback”). We may use Feedback for any purpose without notice, restriction, or remuneration.

18. Disclaimer of Warranties; Limitation of Liability 

WE DO NOT PROMISE, COVENANT, REPRESENT, WARRANT, OR GUARANTEE THAT YOU OR ANY OTHER USER OF THE SITE WILL OBTAIN ANY PARTICULAR OR TANGIBLE RESULT OR GOAL THROUGH THE USE OF THE SERVICES, OR ANY PRODUCT MADE AVAILABLE ON OR THROUGH THE SERVICES.

THE SERVICES ARE PRESENTED “AS IS.” NEITHER WE NOR OUR PARTNERS OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE SERVICES. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICES. WE MAKE NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

YOU AGREE THAT NEITHER WE NOR OUR PARTNERS OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (A) INTERRUPTION OF BUSINESS; (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (C) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION, OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (E) COMPUTER VIRUSES, SYSTEM FAILURES, OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (F) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (G) EVENTS BEYOND OUR REASONABLE CONTROL.

FURTHER, NEITHER WE NOR OUR PARTNERS OR LICENSORS WILL BE LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SERVICES OR YOUR USE THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00).

YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH THE SERVICES, TERMINATION OF YOUR USE OF THE SERVICES IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

THE LIMITATIONS AND DISCLAIMERS IN THESE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING NEW JERSEY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. Any provisions concerning the exclusion or limitation of certain damages in these Terms are not applicable in New Jersey with respect to punitive damages, loss of data, and loss of or damage to property.

19. Scope of Dietitian Services

We provide personalized nutrition counseling and related services through registered dietitians employed by us (“Dietitian Services”). The Dietitian Services are limited to nutrition counseling and related services within the scope of practice of registered dietitians and as permitted by applicable federal and state law. The Dietitian Services are not a substitute for care from a licensed physician or other qualified healthcare provider. In addition, our registered dietitians do not provide emergency medical care.

Except for the Dietitian Services provided directly to you by our registered dietitians, all information and content available through the Services, including educational materials, articles, meal plans, tools, and general wellness content, is provided for informational and educational purposes only and does not constitute medical advice, diagnosis, or treatment. 

You should consult a licensed physician or other qualified healthcare provider regarding any medical condition, symptoms, or questions beyond nutrition counseling, and before starting, stopping, or modifying any medical treatment, medication, or healthcare regimen. Do not disregard or delay seeking professional medical advice because of information obtained through the Services.

The Services are provided via telehealth technologies. By using the Services, you acknowledge and consent to receiving nutrition counseling through telehealth and understand that telehealth services may have limitations compared to in-person care. The Services are not intended for use in medical emergencies. If you believe you are experiencing a medical emergency, call 911 or seek immediate in-person medical attention.

While we seek to provide high-quality nutrition counseling, individual results may vary, and no specific outcomes are guaranteed. You remain responsible for decisions you make regarding your health and nutrition based on the Dietitian Services and other information provided through the Services.

20. Indemnification

You agree to indemnify, defend, and hold harmless us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, 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 or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. ‍

21. Term and Termination

These Terms are in full force while you use the Services. Without limiting any other provision of these Terms, we reserve the right, in our sole discretion and without notice or liability, to suspend or terminate your access to or use of the Services for any breach of these Terms. Upon termination, you must cease all use of the Services.

22. Governing Law and Forum Choice

Your use of the Services shall be governed in all respects by the laws of the State of New York without regard to its choice of law provisions, including as if these Terms were a contract wholly entered into and wholly performed within New York. For any Dispute not subject to Section IV, you agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Services shall be in the United States District Court for the Southern District of New York or the state courts of New York County, New York. 

23. Updates to These Terms 

We reserve the right, in our sole discretion, to change these Terms at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. It is your obligation to check the Terms for any updates. Except as provided in Section IV, your continued use of the Site thereafter constitutes (a) your agreement to all such changed Terms and (b) your consent to those Terms for all claims brought after the date of the updated Terms. We may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.

24. Severability

Except as provided in Section IV, if any provision or portion thereof in these Terms is invalid or unenforceable or contrary to applicable law, such provision or portion thereof shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions and portions thereof of these Terms shall remain in effect.

25. Comments and Concerns

The Services are operated by Nourish, Inc. All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to support@usenourish.com. 

26. Entire Agreement and Construction

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this Site or in respect to the Services constitute the entire agreement and understanding between you and we and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and we (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

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