DISCLAIMER, PRIVACY POLICY, TERMS AND CONDITIONS:

DISCLAIMER

Nourished Roots (“the company”, “we”, “us”, or “our”) and the author (“provider”) of information/ education (“services”) or person (“provider”) providing education or consultations (“services”) do not guarantee the accuracy, completeness, or timeliness of the services provided, and users should use the services at their own risk. It is intended for educational and informational purposes only for adults over 18. It is not intended to provide medical or physical therapy advice. While we make reasonable efforts to provide relevant, accurate and useful information/ education, you understand that such services does not encompass all conditions, disorders, health-related issues, or respective treatments. You should always consult your physician or other healthcare provider to determine the appropriateness to your own health situation. The company and the provider assume no responsibility for damage or harm resulting from use of our published services.

ACCEPTANCE OF TERMS

By using this website or services online or in person, users agree to be bound by terms and conditions (“agreement”) listed. You may terminate this agreement at any time by discontinuing use of this website or services, as applicable. Your permission to use this website and associated services automatically terminates if you violate this agreement. The company reserves the right to prohibit, restrict, suspend, discontinue, or terminate your access to this website and associated services and any rights or licenses granted in association with them, in whole or in part, with or without prior notice, at any time, and based in our sole and exclusive discretion. Including but not limited to, for your violation of this agreement. 

VISITOR INFORMATION

This website is hosted by Squarespace. Squarespace collects personal data when you visit this website, including: Information about your browser, network and device; Web pages you visited prior to coming to this website; Web pages you view while on this website; Your IP address

Squarespace needs the data to run this website, and to protect and improve its platform and services. Squarespace analyzes the data in a de-personalized form.

CUSTOMER INFORMATION

When you buy something on this website, we collect personal information from you to fulfill the order. We may collect information like your: Billing and shipping address; Details relating to your purchase (for example, your shirt size); Email address; Name; Phone number

We share this information with Squarespace, our online store hosting provider, so that they can provide website services to us. As you go through checkout, this site may auto-complete your shipping and billing address by sharing what you type with the Google Places API and returning suggestions to you to improve your checkout experience.

CUSTOMER ACCOUNTS

If you create a customer account on this website, we collect personal information to improve our checkout experience and customer service. This information may include your: Billing and shipping address(es); Details about your orders (for example, your shirt size); Email address; Name; Phone number

We share this information with Squarespace, our website hosting provider, so they can provide website services to us.

EMAILS

Order and Account Emails:

We may email you with messages about your order or account activity. For example, we may email you to tell you that: You’ve created a customer account; Your customer account password has been reset or updated; You’ve made a purchase; Your order has shipped

It’s not possible to unsubscribe from these messages. We share your contact information with Squarespace, our website hosting provider, so they can send these emails to you on our behalf.

Abandoned Cart Emails:

You’ll receive an automated email within 24 hours after you abandon your shopping cart, if all of the following occur: You enter your email address at checkout, or are logged into your customer account; You add a product which is in stock to your shopping cart; You close your browser or leave this website without completing your purchase.

You can unsubscribe from these messages at the bottom of the email. The email will link back to this website, where you can pick up where you left off and complete your purchase.

Marketing Emails:

We may send you marketing emails, which you can unsubscribe from by clicking the link at the bottom of the email. We share your contact information with Squarespace, our email marketing provider, so they can send these emails on our behalf.

SCHEDULING

When you schedule a consultation or class by booking on this website, we collect personal information from you to complete the booking. We may collect information like your: Name; Email address; Phone number; Details relating to your appointment (for example, who referred you); Files you uploaded

We share this information with Squarespace, our scheduling service provider, so that they can provide online booking services to us.

ANALYTICS

This website collects personal data to power our site analytics, including: Information about your browser, network, and device; Web pages you visited prior to coming to this website; Your IP address. This information may also include details about your use of this website, including: Clicks; Internal links; Pages visited; Scrolling; Searches; Timestamps

We share this information with Squarespace, our website analytics provider, to learn about site traffic and activity.

COOKIES

This website uses cookies and similar technologies, which are small files or pieces of text that download to a device when a visitor accesses a website or app. For information about viewing the cookies dropped on your device, visit The cookies Squarespace uses.

These functional and required cookies are always used, which allow Squarespace, our hosting platform, to securely serve this website to you.

These analytics and performance cookies are used on this website, as described below, only when you acknowledge our cookie banner. This website uses analytics and performance cookies to view site traffic, activity, and other data.

SHARE BUTTONS

This website includes share buttons which enable you to share pages or other content from this site to the following third party services: Instagram, Facebook, Twitter, Email and messaging services. If you click a share button, these third parties may receive your personal data, including: Information about your browser, network and device; Details about the web page or content you shared or proposed to share; Your IP address

COMMENTING

This website may include commenting functionality on some pages which enables you to post a comment. This website collects personal data when you post a comment, including: Your name (which will be displayed as part of your posted comment); Your email address (optional, to let you know if someone replies to your comment); Your website URL (optional)

This website may include “likes” functionality on some posts which enables you to “like” a post. This website collects personal data when you like a post to try to prevent the same person from liking the same post during the same visit, including: Information about your browser, network and device; Details about the web page or content you shared or proposed to share; Your IP address

FONTS

This website serves font files from and renders fonts using Google Fonts and Adobe Fonts. To properly display this site to you, these third parties may receive personal information about you, including: Information about your browser, network, or device; Information about this site and the page you’re viewing on it; Your IP address

USER RIGHTS

You have the right to access, correct, or delete your data. If you are unable to do so, please email help.nourished.roots@gmail.com to resolve the issue.

USER/ PARTICIPANT AGREEMENT AND LIABILITY WAIVER

The company offers pelvic health consultations (for biological females); pregnancy and postpartum education, exercise, wellness and consultations; along with childbirth education classes - online and in person. As a condition of participation, you agree to the following.  If you do not agree, do not participate.

  1. You attest that you are at least 18 years old.  We do not intend for our services to be used by individuals younger than 18.

  2. Users agree to provide accurate information.

  3. Users agree to respect intellectual property rights and comply with copyright laws.

  4. We intend to provide general education, not specific medical or physical therapy advice for you or any other particular individual, even if addressing a specific issue.  If we suggest self-assessment procedures, it is not intended to substitute for a medical or physical therapy exam.  If we answer questions, our answers are intended to be hypothetical only and not intended as specific medical or physical therapy advice for you or any other particular individual.  You also understand and agree that none of our communications, whether in an individual or group session, establish a patient-therapist relationship.  If you seek or require specific individualized advice, we will try to find a provider in your area and/or one who offers “telehealth” visits online.

  5. If you are provided suggestions on general exercise, you understand that there are risks in participating in any exercise.  You may be at risk for injuries, including but not limited to tendinitis and muscle strains, back or neck injuries, paralysis, cardiovascular events or even death. If an exercise requires balance, you could be at risk for falling, which could result in fracturing bones.  You may also experience muscle soreness from working muscles that are weak or de-conditioned.  When using exercise equipment, such as weights, resistance bands or therapeutic balls, there are always risks that the equipment may malfunction or fail, potentially causing injury, especially if it is not properly used.

  6. Your participation is solely at your own risk whether you obtain medical clearance or not.  You knowingly and freely assume all such risks, both known and unknown, and assume full responsibility for your participation. 

  7. We do not claim participation will result in any particular or specific therapeutic, performance or other outcome. 

  8. You understand that although the provider may be a physical therapist, we are not providing physical therapy interventions or advice.  You acknowledge and agree that we have not examined you (and have no duty to examine you) and no patient/client-therapist relationship has or will be established by you watching or participating.

  9. You understand and agree that you have no expectation of privacy while participating in an online group class. You should not disclose information about yourself that you do not want other participants to know. If you participate in a one on one consultation, you understand that it is not considered a “telehealth” session because we are not providing medical or physical therapy interventions or advice, therefore, state and federal health care privacy laws (such as HIPAA) do not apply. 

  10. Product Recommendations.  We may recommend products that we think may benefit you.  We may be affiliates to the distributor or manufacturer of the products we recommend. This means we may make a small commission, if you make a purchase. If we are affiliated, it will indicated on any information written and given about the product recommended.  However, by recommending a product and providing a link, we are not endorsing any particular vendor and make no claims or warranties regarding the products we recommend and you are free to obtain the products from the vendor of your choice.

  11. You acknowledge and accept the potential technology risks of participating in an online class or consultation, including but not limited to the risk of (1) interruption of the audio/video link, (2) disconnection of the audio/video link, (3) video that may not be clear, and (4) potential of unauthorized access to the live or recorded session.  We are not responsible for these or other technology problems. 

  12. You agree, on behalf of yourself and your heirs, assigns, personal representatives and next of kin, to assume these and all injury risks and waive all liability against Aileen Fitzpatrick and other associated providers, doing business as “Nourished Roots,” for any and all claims, lawsuits, damages, liability, costs and expenses, including reasonable attorneys’ fees, for any personal injury or personal property damage claims, disability, death, or loss or damage to person or property, whether arising from the negligence of the company or otherwise, to the fullest extent permitted by law.

NO PROFESSIONAL RELATIONSHIP/ INDEMNIFICATION

Our services are NOT professional or licensed service. The use of this site or associated services (even in person) are in NO way intended to, nor does it, create a professional relationship between you and us. All health-related information contained within or integrated into the services and site is intended only to be general or educational in nature and should not be considered or used as a substitute for a visit with a healthcare professional of your choice and specific to your needs. This is true even where some of our providers may be licensed professionals. Additionally, the rules and regulations applicable to professional relationships, including but not limited to, patient protections, non-abandonment, confidentiality, and certain privileges, do and will NOT apply to our communications through the site or otherwise. We do not assume any responsibility for how you use any information obtained through the company, associated website, or services (online or in person). To the contrary, our services are in addition to, and designed to be a supplementation to, your healthcare. We encourage you to use our website and services in coordination with your PCP, medical doctor, pelvic physical therapist, or other licensed healthcare provider as you deem fit. In case of an emergency, seek immediate medical attention or care by immediately going to an emergency room or by calling 911 or 988 (suicide crisis lifeline). Users agree to indemnify and hold Aileen Fitzpatrick and other associated providers, doing business as “Nourished Roots" harmless from any claims, liabilities, or expenses arising from user breach of the terms or use of associated website or provided services.

DISPUTE RESOLUTION AND ARBITRATION

If a dispute arises between us, you agree to submit to binding arbitration before a single arbitrator, selected jointly in accordance with the American Arbitration Association Rules.  Before seeking arbitration, however, you agree to submit your concerns to us in writing by certified mail, return receipt requested, at the address in the Contact Information section below at least sixty (60) days prior to requesting arbitration so we can try to resolve your issue without resorting to arbitration.  Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having jurisdiction. By agreeing to this Privacy Policy through the use of our site and/or services, you are agreeing to a modification of the applicable statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission or other conduct complained of and submitted to us through certified mail or it shall otherwise be forfeited forever.  You also agree that arbitration shall be held in St. Lucie County, Florida.

 

No Class Or Representative Proceedings: Class Action Waiver. You agree that claims against us may only be brought in your individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless we both agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

GOVERNING LAW

This Privacy Policy, Company’s Terms and Conditions and any additional agreements applicable to certain services and/or products shall be construed according to the laws of Florida. 

COPYRIGHT

All content on this website including but not limited to text, posts, logos, marks, graphics, files, materials, services, products, videos, audio, designs, downloads and all other information here (hereafter referred to as “content”) is owned by us and is protected by copyright and other intellectual property and unfair competition laws with the exception of any content from others that we are lawfully permitted to use. You are granted a limited revocable license to print or download content from the website for your own personal, non-commercial, non-transferrable, informational and educational use only.

You agree not to copy, duplicate, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works, reverse engineer, sell, rent or license any part of the content in any way to anyone, without our prior written consent. You agree to abide by the copyright, trademark laws and intellectual property rights and shall be solely responsible for any violations of these terms and conditions.

DIGITAL MILLENNIUM COPYRIGHT ACT

The company reserves the right to remove any content or any other material or information available on or through associated website, at any time, for any reason. We otherwise comply with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to internet service providers (17 U.S.C. § 512, as amended), and respond to clear notices of alleged copyright infringement. This Section describes the procedure that should be followed to file a notification of alleged copyright infringement with Aileen Fitzpatrick, doing business as Nourished Roots.

Notification of Claimed Copyright Infringement:

If you have objections to copyrighted content or material made available on or through the website or services provided associated with the company, you may submit a notification to help.nourished.roots@gmail.com or to our mailing address listed below.

Any notification to the company under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;

  • An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

  • An identification of the content or material that you claim is infringing and where it is located on the website associated with the company;

  • Information sufficient for the company to contact you, such as your address, telephone number, and email address;

  • A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and

  • A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.

CONTACT INFORMATION FOR COMPLAINTS OR CONCERNS

If you have any complaints or concerns about the company or about this privacy statement, please email us at: help.nourished.roots@gmail.com.

Via regular mail to:

Nourished Roots

2609 South Federal Highway #1136

Fort Pierce, FL 34982

 

CHANGES TO THIS POLICY

This Privacy Policy may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current policy to which you are bound.

 

Last Updated: 18 June 2023