Terms and Conditions | Eligibility

Terms and Conditions of Use/ Service Agreement & Privacy Policy

Nutritionally Sound, LLC DBA: Harmony With Food™. All Rights Reserved. Terms and Conditions/ Disclaimer/ Terms-of use/ Privacy Policy/ Consultation and Testing Coaching Agreement for Biounique BoutiqueTM

Last updated: January 1, 2025

Meg Marie O’Rourke implemented (“Harmony with Food™”) and also owns and operates the: Harmony With Food™ Coaching Program & www.harmonywithfood.com (the “Website”) The “Service” refers to the Website and all information, products and services offered on or through the Website. The terms “we”, “us” and “our” each refers to “Harmonywithfood™” program. The terms “you”, “your”, “yourself” and “user” each refers to the individual who uses the Service. You “use” the Service each time you enter the Website, navigate within the Website, download from the Website or purchase any products or services through the Website. The term “User Content” refers to any messages, text, profiles (including your name, image, and likeness), information, photos, video, audio, artwork, and other content that you post. The term “post” means to upload, publish or display User Content on or through the Service or to transmit to or share User Content with other users via social media sources or mail, email etc.

Agreement:

Your use of the Service is subject to these Terms and Conditions, as well as to our Privacy Policy (see below). These Terms and Conditions and the Privacy Policy together constitute a legally binding agreement (the “Agreement”) between HarmonyWithFood ™ and you. When you first use the Service, and again each time you use the Service thereafter, you are confirming that you are bound by the Agreement. If you do not wish to be bound by the Agreement, you may discontinue using the Website and the Service. However, we have a NO REFUND POLICY and No financial obligation to implement a refund.

Eligibility

You must be eighteen (18) years of age or older to view, participate or purchase any product or service offered on or through the Website. If you are not 18 years of age, a parent or guardian must be present and involved.

Health Information

The information presented on the Website is in no way intended as medical advice or as a substitute for medical treatment. This information should only be used in conjunction with the guidance and care of your physician. The Service is intended to provide you with information and tools to help you look and feel better. You should consult with your Physician for any type of medical care.

You must contact and request permission from your Physician, if you wish to join any of the group programs at Nutritionally Sound, LLC. DBA: Harmony With Food

License and Website Access

Provided you are eligible to use the Service, we grant you a limited license to access and use the Website for your personal non-commercial use. Any other use of the Service or the Website without our prior written permission is strictly prohibited and will terminate your limited license. Without limiting the generality of the foregoing,

except for your own User Content, you may not upload or republish Website content or incorporate the information in any other database or compilation;
you may not use any data mining, crawling, robots, scraping or similar data gathering or extraction methods; and

Except as otherwise explicitly provided herein, you have no license or intellectual property rights in any Website content. You may not use any Harmonywithfood.com™ or other proprietary graphic or trademark as part of the link without express written permission. This limited license is revocable at any time without notice and with or without cause.

Account Security
Communications

You agree that all communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing. In addition, we may deliver communications (including legal notices) to you at the street address provided in your account. Finally, we may deliver communications to you by any means set forth in any other policy or notice published on the Website.
You may contact us by:

Mail to: Harmony With Food: 250 Wampanoag Trail, Suite 303 Riverside RI, 02915 C/O Meg Marie ORourke RD-LDN, Health Coach.

If you provide comments, suggestions, or feedback, you agree that we retain all irrevocable, royalty-free rights, including but not limited to future reproduction, display, or promotion without any compensation to you whatsoever. Comments suggestions or feedback shall not be confidential.

Property Rights in Site Content

All content available through the Service (collectively, “Content”), including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement, is our exclusive property or that of our licensors with all rights reserved, except for User Content in which a user retains rights as set forth below. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission, except as expressly allowed under this Agreement. Website to visit a third-party website, you should carefully review the third party’s privacy statement and other terms and conditions of use. You may not make any claim against us for any damages or losses resulting from your use of the Website to reach any third party site.

Trademark and Copyright Policy

All Service materials and Content (excluding User Content) are protected pursuant to United States and international trademark and copyright laws and international treaties. “Keep it a 5”® and Harmony With Food® ™ Bio-unique Boutique® Anti Diet Dietitian® are Registered Trademarks. The related logos and other marks indicated on our website are our exclusive property and trademarks. We enforce our rights to the fullest extent permitted under the law, and we reserve all rights, including all rights applicable under Section 1125 of Title 15 of the U.S. Code (Lanham Act Sec. 43). You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and published in the Service in a way that constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Modifications

We reserve the right to amend the Agreement at any time. Any amendment will become effective upon notification, which we will affect by posting a revised Agreement on the Website. We may also send you notice by email, but we are not obligated to do so. You can access the Agreement at any time using the “Terms and Conditions”, “Medical Disclaimer” and “Terms of Service” link on the Harmonywithfood.com site. You agree to review the Agreement periodically to ensure you are aware of all amendments. Each time you use the Service after notification, you are confirming that you are bound by the Agreement as amended.

Termination

We reserve the right to terminate your account and access to the Service for any reason, including if we in our sole discretion consider your use to be unacceptable. We may provide you a warning prior to termination, but we are not obligated to do so.

Miscellaneous Terms

This Agreement represents the entire agreement between you and us regarding the use of the Service and supersedes any other agreement or understanding on the subject matter. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and be enforceable. This agreement is not assignable, transferable or licensable without our prior written consent. We may assign this Agreement in whole or in part. This Agreement will insure to the benefit of our successors, assigns, and licensees. No agency, partnership, joint venture, or employment is created as a result of this Agreement. Headings are for convenience only and have no legal or contractual effect. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

Harmony With Food™ takes your privacy seriously. Earning and maintaining your trust is important to us. We want you to understand what information we gather from you, how this information is used and protected, and what choices you have about how your information is used. This Privacy Policy and Agreement ("Privacy Policy") discloses the privacy practices of the website: Harmonywithfood.com. By using the Website, you agree, without limitation or qualification, to be bound by this Privacy Policy. This Privacy Policy applies only to information collected by our web sites online.

We may amend this Privacy Policy from time to time, and therefore encourage you to revisit this page periodically or when you notice new features on the Website.

Please know that any information (including personal and health-related information) you reveal in a website public forum (such as a message board, FB Groups, online meetings such as Zoom, posting, chat room/event, or similar electronic public venues) is not protected by this Privacy Policy. Such postings will be seen by Website members and/or guests and third parties not related to Harmonywithfood.com What you write could be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes. Also, if you access a third party website from a link on the Website, any information you reveal on that site is not subject to this Privacy Policy. You should consult the privacy policy of each website you visit.

The following are links to the provisions of our Privacy Policy. We hope that reading our Privacy Policy gives you a clear idea of how we manage information we gather about or from you.

INFORMATION COLLECTED ABOUT YOU

A. Information Collected by Harmonywithfood.com on our website or on Behalf of our website

1. In General.

Our website collects information: (1) personally identifiable information ("personal information") voluntarily provided by visitors through optional registration or other methods and (2) non-personally identifiable information routinely gathered as visitors navigate through our Website.

2. Personal Information.

You are free to visit and use our website without providing any personal information. However, we offer services on our website that require registration and/or submission of personal information. You must register to take advantage of the products and personalized services that we offer on our website, you will have to provide personal information. The personal information we might request from you may include your name, address, email address, phone number and, if you are making a purchase of goods or services, you’re billing and credit card information. Providing our websites with your personal information is strictly voluntary. This information will be obtained via Pay Pal or Stripe. By way of example, some situations in which we may request personal information include: when you register to become a Member of our Website and/or when you update your Member Profile on our Website; when you register to receive our informational Newsletter(s); when you enter a contest, sweepstakes or promotion on our website; or when you participate in a survey on our Website. The ways in which we collect personal information are described in more details below.

We will use your personal information to contact to you. By registering for our services, you consent to us contacting you about your account. Based upon the personal information you provide us. You may be contacted by Harmony With Food Coaching™ via newsletter or other forms of social media. You are free to unsubscribe to any other emails that you receive from us.

Emails & Newsletters

You may register to receive email subscriptions and newsletters from Harmonywithfood.com via our Web site, email and social media etc. You must provide our websites with your correct email address in order to receive our video blogs, emails, newsletter or any other form of social Media.

Budget: This program is not for anyone on a strict budget.

By checking the terms and conditions agreement box, (upon the checkout process) you are agreeing to the following terms and conditions: You are agreeing to submit a test and receive consultation(s) to review a test from the list below from Meg Marie O’Rourke, owner of Nutritionally Sound, LLC. DBA: Harmony With Food via our Biounique Boutique program. I understand that Meg Marie O’Rourke, RD-LDN and Nutritionally Sound, LLC. are simply interpreting the test results that are supplied and manufactured by the third party listed below.

The Testing available for review are from company/ lab of Meg’s choice.
I understand and agree that the fee for these services is listed above and is payable upon purchase.

Terms & Conditions:

Disclaimers:

If accepted, I understand that the services provided by Meg Marie O’Rourke, RD-LDN, Health Coach, does not create a practitioner-patient relationship; is purely educational and for informational purposes with
I understand that Nutritionally Sound, LLC. DBA: Harmony With Food, Meg Marie O’Rourke does not dispense medical advice nor prescribe treatment. Rather, she provides education to enhance my knowledge of health as it relates to: food, supplements and behaviors associated with health. While nutritional and botanical support can be an important compliment to my care, I understand that health coaching is not a substitute for the diagnosis, treatment, or care of disease by a medical provider.

I understand that any testing provided by Nutritionally Sound, LLC. are third party services and that Meg Marie O’Rourke is simply interpreting the results of the testing.

I also agree not rely on this information as a substitute for, nor a replacement of, professional medical advice, diagnosis, or treatment. If I have any concerns or questions about my health, I understand that I should always consult with a physician or other health-care professional. I will not disregard, avoid or delay obtaining medical or health related advice from my health-care professional because of this health coaching arrangement. The use of any information provided by Nutritionally Sound, LLC., Meg Marie O’Rourke is solely at my own risk.

Neither the services provided by Nutritionally Sound, LLC., and Meg Marie O’Rourke nor any information provided to me is intended to suggest that I should not seek professional medical care, or that I should disregard professional medical advice. Nothing stated or made available through any services provided by Nutritionally Sound, LLC. are intended to be, and must not be taken to be, the practice of medicine or the provision of health care treatment, instructions, diagnosis, prognosis or advice.

If the client is under the care of a health care professional or currently uses prescription medicals, the Client should discuss any dietary changes or potential dietary supplements use with his or her doctor, and should not discontinue any prescription medications without first consulting his or her doctor.

Assumption of Risks and Releases:
I expressly assume the risks of the consultations, including the risks of trying new foods, the risks of trying new styles of fasting and/or diet variation, the risk of trying new supplements, and the risks inherent in making overall lifestyle changes.

I hereby release Nutritionally Sound, LLC., Meg Marie O’Rourke, RD-LDN from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, which the Client ever had, now has, or will have in the future against Nutritionally Sound, LLC., arising from the Client's past or future participation in, or otherwise with respect to, consultation sessions.

In no event shall Nutritionally Sound, LLC., its subsidiaries, employees, contractors be liable for lost profits or any special, incidental, consequential or multiplied damages arising out of or in connection with our services, or this agreement (HOWEVER ARISING, INCLUDING NEGLIGENCE), including, but not limited to, loss of profits, loss of use or other economic damages, even if advised of the possibility of such damages, or any failure to realize any specific benefit or health-related outcome. This limitation of liability will apply regardless of the form of action, whether in contract, tort or by statute. Nutritionally Sound, LLC. liability, and the liability of their subsidiaries, employees, contractors, suppliers, and manufacturers, to me or any third parties, in any circumstance, is limited to the greater of (a) the amount of the purchase or (b) one hundred ($100) dollars.

Confidentiality:

Nutritionally Sound, LLC., Meg Marie O’Rourke, RD-LDN, and her team will keep the Client's information private, and will not share the Client's information with any third party unless compelled to by law or with the consent of the client. Client is subject to the terms of our Privacy Policy and Terms of Service posted on www.Harmonywithfood.com

Refunds:

All sales are final and no refunds will be afforded and you waive any rights to charge-back your purchase with your credit card processor.

Arbitration and Governing Law:

It is understood that any dispute, that is as to whether any services rendered under this contract were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered, will be determined by submission to arbitration by the American Arbitration Association in Bristol County, Rhode Island. as provided by Rhode Island law, and not by a lawsuit or resort to court process except as Rhode Island law provides for judicial review or arbitration proceedings. Both parties to this contract, by entering into it, are giving up their constitutional rights to have any such dispute decided on a court of law before a jury, and instead are accepting the use of arbitration.

It is the intention of the parties that this agreement bind all parties whose claims may arise out of or related to service provided by Nutritionally Sound, LLC. including my spouse or heirs and any children, whether born or unborn, at the time of the occurrence giving rise to any claim.

Both parties shall be entitled to engage in all forms of discovery as permitted under Rhode Island law. The prevailing party shall be entitled to recover the costs of arbitration unless otherwise determined by the arbitrator and shall be entitled to reasonable attorney’s fees as determined by the arbitrator.

The parties agree that provisions of Rhode Island law applicable to health care providers shall apply to disputes within this arbitration agreement.

All claims based upon the same incident, transaction or related circumstances shall be arbitrated in one proceeding. A claim shall be waived and forever barred if (1) on the date notice thereof is received, the claim, if asserted in a civil action, would be barred by the applicable Rhode Island statute of limitations, or (2) the claimant fails to pursue the arbitration claim in accordance with the procedures prescribed herein with reasonable diligence. With respect to any matter not herein expressly provided for, the arbitrators shall be governed by the Rhode Island provisions relating to arbitration.

My signature below indicates that I have read and fully understand all terms of this agreement, including my responsibilities and assumed risks

Note:

All protocols, supplements, and nutrition recommendations and/ or further testing are a suggestion, and you should consult with your primary physician before starting anything.

Please note that you are purchasing this appointment voluntarily and when you purchase from us, you are accepting our medical disclaimer and our terms of service.