Terms of Agreement

You Must Agree To The Following Terms

NOTE: All assessments remain anonymous. No identifying information is recorded, transmitted, or queried in the process. This process is Self-Directed unless specified by a previous agreement for assistance and/or guidance through the process.


By selecting the I AGREE link below to access the Nourish Sleep Assess-and-Educate Series, you agree to the following terms:

I AGREE that the entire set of questionnaires and queries including those referred to as assessing for diagnostic indicators, risk indicators, or screening for sleep-disorder risks, does not constitute formal medical screening, clinical screening or diagnostic screening. Only a face-to-face clinical evaluation with a clinician or board certified sleep physician can affirm the necessity for further diagnostics or treatment. I agree to the purely educational purpose of this assessment process and that all follow-up behaviors, interpretations or actions that I engage based upon the suggestions, reports, grades, information, education or recommendations provided on this platform, or any other correspondence therefrom, whether evidence-based, contextually oriented, or matters of opinion, fall under the exclusive domain of my own personal responsibility when enacted. I agree that the information that I provide does not constitute patient information, patient records, or patient data subject to the Health Insurance Portability and Accounting Act of 1996 (HIPAA) or any revisions, updates, sections or amendments to the law, including the 2009 Health Information Technology for Economic and Clinical Health act (HITECH), because Tri-Nourish Inc., The Tri-Nourish System, Nourish Sleep or any participating facility, business entity, or individual administrator utilizing any Nourish Sleep or Tri-Nourish assessment or education platform, does not constitute a healthcare provider, insurer, or business associate of a healthcare provider, or any other formal clinical healthcare entity as referenced in HIPAA law. Further, I agree that even under conditions whereby a clinical entity utilizes any Nourish Sleep or Tri-Nourish educational platform or derivative therefrom for the purpose of education, the responses queried in this assessment process do not constitute patient information because all responses remain anonymous. I agree and understand that neither the apparent presence of a possible sleep disorder that is reported based on the information that I provide in this assessment or any other Tri-Nourish or Nourish Sleep assessment, questionnaire, website or form, nor the absence of a reported possible sleep disorder reported in this assessment or any other Tri-Nourish or Nourish Sleep assessment, questionnaire, form, or website, constitutes a formal clinical evaluation. I agree not to hold Nourish Sleep, Tri-Nourish Inc., or any other administrator, collaborator or privately labelled subsidiary legally accountable for the content of this platform or any other publication associated with it.
CONDITIONS OF USE

TriNourish, Inc. provides their services to you subject to the following conditions. If you visit or purchase the services presented on this website or any platform associated with trinourish.com, nourishportal.com, nourishsleep.com, you accept these conditions. Please read them carefully.

PRIVACY

Please review our Privacy Notice below, which also governs your visit to this website, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit TriNourish, Inc services at nourishsleep.com or nourishportal.com or trinourish.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of TriNourish, Inc. or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of TriNourish Inc., with copyright authorship for this collection by TriNourish, Inc., and protected by international copyright laws.

LICENSE AND SITE ACCESS

TriNourish, Inc. grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of TriNourish, Inc. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of TriNourish, Inc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TriNourish, Inc. and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing TriNourish, Inc. name or trademarks without the express written consent of TriNourish, Inc. Any unauthorized use terminates the permission or license granted by TriNourish, Inc. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of TriNourish, Inc. so long as the link does not portray TriNourish, Inc., its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any TriNourish, Inc. logo or other proprietary graphic or trademark as part of the link without express written permission.

PRODUCT DESCRIPTIONS

TriNourish, Inc. attempts to be as accurate as possible. However, TriNourish, Inc. does not warrant that content of this site is exhaustively accurate, complete, reliable, current, or error-free.  

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. THIS SITE IS PROVIDED BY TRINOURISH, INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRINOURISH, INC.  MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TRINOURISH, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TRINOURISH, INC. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM TRINOURISH, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TRINOURISH, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting TriNourish, Inc. websites, platforms, forms, or marketing correspondences you agree that the laws of the state of New York, USA, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and TriNourish, Inc. or its associates.

DISPUTES

Any dispute relating in any way to your visit to TriNourish, Inc. or to services you purchase through TriNourish, Inc. shall be submitted to confidential arbitration in New York, USA, except that, to the extent you have in any manner violated or threatened to violate TriNourish, Inc. intellectual property rights, TriNourish, Inc. may seek injunctive or other appropriate relief in any state or federal court in the state of New York, USA, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION AND SEVERABILITY

We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

QUESTIONS

Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the "Contact Us" link in the main menu. Or you can email us at: support@trinourish.com



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PRIVACY NOTICE

This privacy notice discloses the privacy practices for TriNourish, Inc. This privacy notice applies solely to information collected by this website. It will notify you of the following:

1. What personally identifiable information is collected from you, if any, through the website; how it is used and with whom it may be shared.
2. What choices are available to you regarding the use of your data
3. The security procedures in place to protect the misuse of your information.
4. How you can correct any inaccuracies in the information

Information Collection, Use, and Sharing

We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request.Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

Your Access to and Control Over Information

You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website: See what data we have about you, if any (our assessment process keeps users anonymous for greater participation). Change/correct any data we have about you, if any. Have us delete any data we have about you, if any.Express any concern you have about our use of your data.

Security

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.Wherever we collect sensitive information (such as credit card data on trinourish.com), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for "https" at the beginning of the address of the web page, and reviewing our FAQ regarding security. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job are granted access to personally identifiable information (for host entities or individual access purchasers).The computers/servers in which we store personally identifiable information are kept in a secure environment.

Orders

We request information from end-users only when they purchase an individual non-member access privilege from trinourish.com. Participants who opt for a fee-based follow-up consultation session provide an identification code for us to retrieve their anonymous assessment, otherwise all participation in the core TriNourish and Nourish Sleep assessment and education process remains anonymous. To purchase our services, host entities must provide contact information (name, email, telephone number and address) and financial information (credit card number, expiration date, etc.) on the trinourish.com portal, however, we do not acquire identifying information about end-users unless an individual non-member access option is purchased. This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we'll use this information to contact you.

If you feel that we are not abiding by this privacy policy, you should contact us immediately via email: support@trinourish.com

Context Matters.