www.blendedtubefeeding.com and Nutrition by Hilarie LLC, D/B/A Blended Tube Feeding Terms & Conditions

The following Terms of Use (“Terms”) constitute an agreement between Nutrition by Hilarie LLC dba Blended Tube Feeding (“Company”), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by Company (“Website”), located at https://blendedtubefeeding.com.

In the Terms, we may refer to the written, audio, photographic, and video content on the Website, including any content published by the Company in newsletters or available through paid products or free resources, as the “Company Content.”

By using this Website or the Company Content, you accept and agree to be bound and abide by these Terms.

CHANGES TO THESE TERMS

Company reserves the right to modify, alter, amend or update its Website, the Company Content, its policies, and these Terms. These Terms are subject to change without notice. All changes are effective immediately upon posting. If you do not agree with or do not accept any part of these Terms, you must not use the Website or interact with the Company Content.

Your continued use of the Website or Company Content following any changes to the Terms means that you accept and agree to the changes. You are expected to check this page periodically, so you are aware of any changes, as they are binding on you.

ADDITIONAL POLICIES INCORPORATE INTO THESE TERMS

Any additional policies or terms adopted by Company may be incorporated into these terms by reference. This includes:

PERMITTED USERS

This Website is meant for users over 18 years or older. By using this Website, you represent and warrant that you meet this eligibility requirement. If you do not meet this requirement, you must not access or use the Website or Company Content.

PURCHASE POLICIES FOR DIGITAL PRODUCTS

On the Website, you may purchase different types of products, including: 

  • Digital products (“Digital Products”), such as e-books. 
  • Enrollment in the membership (“Membership”)

If we refer to both the Membership and Digital Products collectively, we use “Products.” The following purchase policies will apply to your purchase and may vary based on the specific category of Products you have purchased.


Order Acceptance and Cancellation

By placing an order to purchase Products on the Website, your order is considered an offer to buy, under the terms set forth in these Purchase Policies, the products and/or services listed in your order. Company may review your order and determine whether or not to accept it; however, Company is not obligated to accept any order.

Company reserves the right, but is not obligated to, limit the sale of Products to any person, geographic region, or jurisdiction. Company may exercise this right on a case-by-case basis. Company may exercise its right to reject your order, even if you have received confirmation of the purchase. In such circumstances, you will be refunded for any payments made at the time you submitted your order.

Company reserves the right to limit quantities of Products available for purchase, even if such Products are available digitally.

Payments

Unless otherwise stated, payments are due and will be collected at the time you place your order. Company will collect all payments through the Website, which are processed through Company’s payment processor. All acceptable methods of payment will be listed at the time of purchase.

By purchasing any Product(s), you agree to pay the total amount due and authorize Company, through its payment processor, to charge your payment method under the payment method you choose for the amount listed. By entering the payment information, you represent a) that all payment information is true and accurate, b) that you are authorized to use the payment method, and, c) all charges you incur will be honored by your payment method.

Company may offer the option for you to utilize utilizing purchase plan or other automatic payments, in which you will place a credit card on file and provide authorization for the payment processor to collect multiple payments on Company’s behalf.

If Company offers a multiple payment option (“Payment Plan”) or if you enroll in a Product that is paid through automatic payments, you agree that you will be responsible for making all payments due on the schedule indicated. You are solely responsible for ensuring that your payment method is up-to-date and error-free. If Company is unable to collect a payment when it is due, you will be notified and responsible for immediately updating your payment method so that the payment may be collected.

Purchasing Digital Products

Digital Product Purchase, Access, and Payments

By purchasing the Digital Products, you will receive immediate access to download the Digital Products, which will typically arrive as a PDF or zip file. If you are uncertain how to open this type of file, please search for instructions based on the type of device you are using. 

Upon receipt of your payment, you will receive an email with a link to download the Digital Products. You have lifetime usage of that download. This means that after you download the content, you are able to use it in accordance with the license listed below. To clarify, you must download the content in order to receive lifetime usage. If you have not downloaded the content within 30 days, we cannot guarantee the link will work. 

Payments will be collected at the time of purchase. 

Refunds on Digital Products

Because all Digital Products are available immediately upon purchase, we do not offer refunds on Courses.  

You agree that you have reviewed this refund policy and will not file any disputes or request chargebacks through your credit card issuer. If you do, this refund policy will be provided to demonstrate your awareness of the policy.

Free Downloadable Content

In addition to the Products, which you must purchase to access, the Website also offers various free downloadable content (“Free Content”), which are downloadable files that you may print, which will be delivered as either PDF files, JPEG files, or ZIP files If you are uncertain how to open a certain type of file, please search for instructions based on the type of device you are using.

License to Use the Free Content and Products

The Products and Free Content have been developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without our permission.

This means that you are permitted to use the content you downloaded; however, you may not share the Products or Free Content with any third party. Please direct them to the Company Content to download the Products or Free Content. Additionally, you may not reproduce or resell the information to any third parties.

Commercial Usage of the Products and Free Content

As stated above, commercial usage of the products is strictly prohibited unless you have received a license from Company. If you would like to use any of the Products or Free Content, please contact Company at hilarie@blendedtubefeeding.com for a quote. Licensing starts at $1,000 and requires a signed written agreement prior to any commercial use.

MEMBERSHIP PURCHASE POLICIES

You may enroll in an ongoing membership in Blended Tube Feeding Membership (“Membership”), which is delivered electronically. 

Membership Eligibility

This Membership is available for adults over the age of 18. 

Purchasing Enrollment in the Membership

To purchase the Membership, you will complete the purchase, which includes payment of a minimum of the initial time commitment and create your Membership profile in order to access the materials. You will be billed in accordance with the program duration you selected for the Membership. 

You agree to keep your billing information updated. If we are unable to charge your billing method, you will be removed from the Membership until the information has been updated. 

Family Membership

Please note that purchase of the Membership is for family, which is defined as relatives of the individual who has joined. Sharing logins so that people outside of your family may access the Membership or Membership Materials is strictly prohibited.

Cancellation of Membership

Membership may be cancelled at any time; however, no refunds will be authorized after fees have been charged. To avoid incurring additional fees, you must cancel the Membership prior to the next billing date. To cancel Membership, please visit the settings for your account and select the option to cancel your membership. 

Your access to the Membership will be disabled at the expiration of the period for which you have already paid. 

Price Changes

We reserve the right to update the prices to the Membership at any time. We will provide you with 14 days’ email notice of any changes. If you elect to continue in the Membership after the date of the increase, you are agreeing to the updated pricing. 

Refund Policy

No refunds are available for amounts already paid for the Membership.

Membership may be canceled at any time. Upon cancellation, your member account will be disabled at the expiration of the period for which you have already paid. You may avoid incurring additional fees by cancelling the Membership prior to the billing date.

Termination of Membership

We reserve the right to terminate your access to the Membership at any time for any reason. If the termination is due to a breach of the Membership Terms, no refund will be due to you. If there is no breach, Company will provide you with a pro-rata refund on any fees for the billing period. 

Tech Support or Customer Services Inquiries

If you encounter any issues when using the Membership, please contact customer service at hilarie@blendedtubefeeding.com.

License for Use of Membership Materials

As an active member of the Membership, you will receive access to exclusive Membership content (“Membership Materials”). 

All Membership Materials were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without written permission from Company, except as stated herein.

If you would like to request to use certain Membership Materials, please email hilarie@blendedtubefeeding.com. Until an authorization is received, you agree that you will not use the Membership Materials in any way not provided in these Terms.

Group Sessions

As part of the Membership, Company may occasionally host calls for all members (“Membership Q&A”). Membership Q&A will be recorded and stored for all members to access. By attending the Membership Q&A, you are granting Company the right to record and store the call recordings as described herein, which may include your likeness, name, and any content you contribute during the recording. Company will provide notice if and when such Membership Q&A calls will be hosted.

Membership Community Policies

The Membership offers a community component (the “Community”), where you may upload or contribute content. Currently, the Community is hosted on Circle. Additionally, Membership Q&A are considered part of the Community. 

You agree to abide by the Membership Community Policies outlined in these Terms at all times.

Our sole discretion will be used to determine if you are in violation of the Membership Community Policies. Any member in violation will be deleted promptly and will no longer be able to access the Community. No refund will be due to you if you have been removed for a violation of this policy.

Code of Conduct

The following types of Community contributions will not be tolerated and will be deleted:

  • harassment directed toward any content creator or Company;
  • spam;
  • bullying
  • hate speech;
  • sexually explicit material; 
  • defamatory statements regarding Company or any third party;
  • references to illegal acts; 
  • contributions that may violate the legal rights of a third party; or,
  • Any other contribution deemed inappropriate by Company.

Confidentiality in Community

All members are expected to treat any contributions to the Community as Confidential. Screenshots, streaming, or any photos/video disclosing information from the Membership will be considered a violation and will lead to termination. 

For clarity: Members are not permitted to share any information from another Member. 

INDIVIDUAL COACHING

If you purchase individual coaching from Company, you will be required to enter into a separate agreement governing that purchase. These Terms will not apply to your individual coaching.

DOWNLOADABLE FILES

The Products, Free Content and Membership may involve downloadable files. You understand that you are downloading files at your risk. We are not liable for any errors or omissions in these downloadable files. We are not liable for any technological problems that you may encounter downloading the files.

TESTIMONIALS 

Company reserves the right to take screenshots of content you contribute to the Company Content for use in Company’s marketing. Company will remove all names or identifying photos prior to posting the content. Company will obtain your authorization prior to posting any content that includes your name or identity.

If you directly provide Company with a testimonial regarding your experience with our Products or Membership, you grant Company the right to publish the testimonial for marketing purposes. If you provide it with your testimonial content, this includes the right for us to use your name and likeness.

YOUR RESPONSIBILITY IN USING THE COMPANY CONTENT

The Company Content was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the Company Content. Company makes no representations, warranties, or guarantees. You understand that results may vary from person to person. Company assumes no responsibility for errors or omissions that may appear in the Company Content.

USE OF THE WEBSITE

Unless otherwise stated, Company owns the intellectual property and rights to all Company Content and the Website. Subject to the license below, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms.

Unless it is specifically and expressly made available for such purpose, the following uses are not permitted:

  • Republication, redistribution, sale, rental, or sub-licensing of content from the Company Content or Website;
  • Reproduction or duplication of any content in the Company Content or on the Website for commercial purposes;
  • Modification of any Company Content or information on the Website.

From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of Company’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels only, with full credit to Company.

PROHIBITED USES OF THE WEBSITE

You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to, scraping, data mining, data extraction, or data harvesting on or in relation to the Website without Company’s express written permission.

You must not use the Website to transmit or send any unsolicited commercial communications, including, but not limited to, spam comments. You may not use the Website to link third-party content in a way that is unfair or deceptive.

You must not use the Website for any third-party marketing without Company’s express written permission.

ARTIFICIAL INTELLIGENCE

Company does not consent to the use of any portion of this Website, or the Company Content being used in any format, in whole or in part, for the development, training, or operating artificial intelligence or other machine learning systems, unless authorized by Company through a separate agreement. Any unauthorized use of the Company Content or Website in violation of this prohibition will be considered a breach of these Terms and may be a breach of our rights under copyright laws of the United States.

INTELLECTUAL PROPERTY RIGHTS

Copyright

Unless otherwise noted, the design, content, and all components of the Website and Company Content are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.

From time to time, the Company Content will legally utilize copyrights owned by third parties. These copyrights are the respective property of their owners and Company makes no claim of ownership.

Trademarks

Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Company or its owners.

From time to time, the Company Content will legally utilize or reference trademarks owned by third parties. These trademarks are the respective property of their owners and Company makes no claim of ownership.

Content Contributed to the Website

In limited circumstances, you may contribute content to the Website, including, but not limited to, comments, posts, or submissions. Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you, Company, or a third party.

Company reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Company’s servers; or, (iii) hosted or published on the Website. Company takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding Company’s rights under the Terms, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.

Grant of Rights

You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute any content you contribute to the Website or Company Content. This includes, but is not limited to, text, images, audio material, comments, video material, and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights.

In the event that you contribute any comments or suggestions regarding the Website or Company Content to Company, including, but not limited to, notes, text, drawings, images, designs, or computer programs, such submissions shall become, and shall remain, the sole property of Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

CONTRIBUTION POLICY

The Website may offer the option for you to leave comments or reviews, engaging with the Website’s posts. The following types of comments will not be tolerated and will be deleted:

  • harassment directed toward any content creator or Company;
  • sexually explicit or pornographic material, violence, or discriminatory materials;
  • spam or any other prohibited commercial activities;
  • hate speech;
  • defamatory statements regarding Company or any third party;
  • references to illegal acts;
  • any material that may be deceptive;
  • contributions that may violate the legal rights of a third party; or,
  • any other contribution deemed by Company to be unacceptable.

Company’s sole discretion will be used to determine if a contribution is in violation of this policy. Any contribution in violation will be promptly deleted and no further explanation will be due to you if your contribution was determined to be in violation of this policy.

AFFILIATE MARKETING

From time to time, the Website may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.

Nutrition by Hilarie LLC dba Blended Tube Feeding is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and link to Amazon.com.

FTC DISCLOSURE

From time to time, the Website may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with Company to create content featuring certain messages or product placement. Pursuant to the FTC’s requirements, all such advertisements on the Website are clearly and conspicuously disclosed.

Even though compensation (e.g., cash, free product, or services) is received in exchange for this sponsored content placement, Company gives its honest opinion, findings, beliefs, or experiences in such content. All views expressed on the Website are those of the content creator. Any product claim, statistic, quote, or other representation about a product or service should be verified with the manufacturer, provider, or party in question.

CHANGES TO THE COMPANY CONTENT

Company reserves the right to modify any Company Content or the Website at any time; however, Company does not guarantee that the Company Content is complete or up-to-date. The Company Content may be out of date and Company is under no obligation to update any Company Content at any time.

COMMUNICATION

If you send Company an email, register to use the Website, or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.

MONITORING AND ENFORCEMENT

Company has the right to:

  • remove or refuse to post any contribution for any reason, in Company’s sole discretion.
  • Take any action, including deletion, with respect to any contribution made to the Website.
  • Disclose your identity (if known) or other information regarding your usage of the Website to any third party who claims that any contribution you make to the Website violates their rights, including their intellectual property rights or right to privacy.
  • Take appropriate legal action for any illegal or unauthorized use of the Website.

Company does not, however, review all contributions to the Website prior to posting and cannot ensure prompt removal of objectionable contributions. Company assumes no liability for any action or inaction regarding contributions from a third party.

TERMINATION

The Company reserves the right, in its sole discretion, to immediately terminate your access to the Website and Company Content without notice to you.

LINKS FROM THE WEBSITE

Any links on the Website are provided for your convenience only. This includes links in advertisements or sponsored content. Company is not responsible for the content on any pages linked on the Website and accepts no responsibility for your use of such links.

THIRD PARTIES

The Website and Company Content may contain links to third-party websites that are not governed or controlled by Company. You represent and warrant that you have read and agree to be bound by all applicable terms of use and policies for any third-party website. Company assumes no control or liability over the content of any third-party sites. You expressly hold Company harmless from all liability related to your use of a third-party website.

Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Company harmless from any and all liability in any dispute.

NO WARRANTIES

The Website is provided on an “as is” and “as available” basis without any representations or warranties, express or implied. Company makes no representations or warranties in relation to the Website or the Company Content.

Company makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website and Company Content are written in English and Company makes no warranty regarding translation or interpretation of content in any language. 

LIMITATION OF LIABILITY

COMPANY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNITY

You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys’ fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

GOVERNING LAW

The Terms will be governed and construed in accordance with the laws of the State of Michigan.

ARBITRATION

Any controversy or claim arising out of or relating to the Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Kent County, Michigan. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

MISCELLANEOUS PROVISIONS

If any provision(s) of the Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.

The Terms may not be assigned by you without Company’s prior written consent; however, the Terms may be assigned by Company in its sole discretion.

The Terms are the final, complete, and exclusive agreement of the parties with respect to the Website offered by Company; however, Company may make modifications as stated above.

All notices with respect to the Terms must be in writing and may be via email to hilarie@blendedtubefeeding.com ​for Company and to your email address.

UPDATED: September 5, 2023