Terms of Use

These terms and conditions (the "Terms and Conditions") govern the use of www.thecalnut.com (the "Site"). This Site is owned and operated by The California Nutrition Company, LLC.


By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW DISPUTES WILL BE RESOLVED. PLEASE READ IT CAREFULLY.


Intellectual Property
All content published and made available on our Site is the property of The California Nutrition Company, LLC and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.


Age Restrictions
The minimum age to use our Site is 18 years old. By using this Site, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age.


Sale of Services
These Terms and Conditions govern the sale of services available on our Site. The following services are available on our Site: Consultations. The services must be paid for when the services are ordered.


These Terms and Conditions apply to all the services that are displayed on our Site at the time you access it. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all such descriptions of the services we provide. You agree to purchase services from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.


Payments
We accept the following payment methods on our Site: Credit Card; and Debit. When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use and provide. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.


Refunds
Cancellations or scheduling changes must be done with at least 48 hours notice. Clients providing less than 48 hours notice will forfeit the full price of the consultation paid at booking.


Consumer Protection Law
Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.


Limitation of Liability
The California Nutrition Company, LLC and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses, including legal fees, from your use of the Site.


Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless The California Nutrition Company, LLC and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses, including legal fees, arising out of your use of our Site or your violation of these Terms and Conditions.


Applicable Law
These Terms and Conditions are governed by the laws of the State of California.


Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and The California Nutrition Company, LLC are unable to resolve any dispute through informal discussion, then you and The California Nutrition Company, LLC agree to submit the issue to binding arbitration under the rules of the American Arbitration Association. The arbitration shall take place in San Diego County, California. The written decision of the arbitrator (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate. By agreeing to arbitration, both parties irrevocably waive the right to a jury trial in connection with any legal proceeding relating to these Terms and Conditions. You agree that the only remedy that can be awarded to you through arbitration is full refund of your payments made to The California Nutrition Company, LLC in the three-month period preceding the event giving rise to the claim. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. THIS ELECTION OF AN ALTERNATIVE DISPUTE PROCESS IS AN AFFIRMATIVE WAIVER OF YOUR RIGHTS TO A JURY TRIAL UNDER CALIFORNIA LAW. EACH PARTY IS EXPLICITLY WAIVING JURY TRIAL AND AUTHORIZING ANY AND ALL PARTIES TO FILE THIS WAIVER WITH ANY COURT AS THE WAIVER REQUIRED UNDER CALIFORNIA LAW AND AGREE THAT ANY CLAIM MUST BE BROUGHT WITHIN one (1) year of the alleged claim or is waived.


Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.


Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will post updates to these Terms and Conditions on our Site and reflect the date these Terms and Conditions were most recently updated in the effective date shown near the bottom of this page.


You may contact us if you have any questions or concerns via email: info at thecalnut.com. You can also contact us through the feedback form available on our Site.


Effective Date: 31st day of October, 2022