Last updated January 01, 2024

This agreement with Sunshine RD LLC is available in Spanish as a courtesy. If there is any difference in meaning between the Spanish and English versions of this agreement or any related documents we provide you, either now or in the future, the English version is the official document and will prevail. Please consult with a translator if you have any questions. These Terms of Service are a legal agreement (this “Agreement”) between you (“user,” “you” or “your”), Sunshine RD LLC. (“Sunshine RD LLC,” “we,” “our” or “us”) and Teresa Ann Eury, MPH RDN, LDN, (Teresa Ann Eury) on http://www.sunshinerd.com (the “Site”) and our mobile application is for general purposes only. Sunshine RD LLC is a subsidiary owned by Teresa Ann Eury, MPH, RDN, LDN, (“Teresa Ann Eury”).

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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

TERMS AND CONDITIONS

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The Site is owned and operated by Sunshine RD LLC. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors the opportunity to create a better awareness of nutrition and public health topics; access to recipes, food and nutrition-related merchandise, nutrition-related health communication,

By accessing or using the Site of our service, you approve that you have read, understood, and agree to be bound by these Terms.

WHO CAN USE OUR SERVICES

To use the Site and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this Site and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

KEY COMMERCIAL TERMS

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices Sunshine RD LLC charge for using our services and for our products are listed on the Site. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page. The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged monthly to your payment method.

RETURN AND REFUND POLICY

The sales from Sunshine RD LLC are final.

Cancellation Policy

Sunshine RD LLC has a firm 24-hour cancellation policy. If you cancel an appointment without emailing or calling within 24 hours, you will be charged 100% of the fee for that service. There are no exceptions.

RETENTION OF RIGHT TO CHANGE OFFERING

Sunshine RD LLC may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

WARRANTIES & RESPONSIBILITY FOR SERVICE AND PRODUCTS

When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to customer and customer will be responsible for return shipment of the product to us.

INTELLECTUAL PROPERTY

You agree that the intellectual property owned by Sunshine RD LLC includes all copyright, trademarks, trade secrets, patents, and other intellectual property belonging to Sunshine RD LLC.

Subject to the limitations listed below, we hereby grant you a non-exclusive, non-transferable, revocable license to access the Site in conjunction with the Affiliate Program and use of Sunshine RD LLC solely and exclusively in conjunction with identifying Sunshine RD LLC and brand of the Affiliate Site to send customers to the Affiliate links we provide. You may not modify Sunshine RD LLC in any way and you are only permitted to use Sunshine RD LLC if you are an Affiliate in good standing with us.

We may revoke this license at any time and if we find that you are using Sunshine RD LLC in any manner not contemplated by this Agreement, we reserve the right to terminate this Agreement.

Other than as provided herein, you are not permitted to use any of Sunshine RD LLC or any confusingly similar variation of Sunshine RD LLC without our express prior written permission. This includes a restriction on using Sunshine RD LLC in any domain or website name, in any keywords or advertising, in any metatags or code, or in any way that is likely to cause consumer confusion.

Please be advised that your unauthorized use of any Sunshine RD LLC shall constitute a unlawful infringement and we reserve all of our rights, including the right to pursue an infringement suit against you in federal court. You may be obligated to pay monetary damage or legal fees and costs.

You hereby provide us a non-exclusive license to use your names, trademarks, and service marks if applicable and other business intellectual property to advertise our Affiliate Program.

RIGHT TO SUSPEND OR CANCEL USER ACCOUNT

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment

INDEMNIFICATION

You agree to indemnify and hold Teresa Ann Eury harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the Site or any of the services offered on the Site.

Limitation of liability

To the maximum extent permitted by applicable law, in no event shall Sunshine RD LLC or the owner, Teresa Ann Eury be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, Sunshine RD LLC or the owner, Teresa Ann Eury assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

Right to change and modify Terms

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Site or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the Site or the service.

Promotional emails and content

You agree to receive from time-to-time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time. 

Preference of law and dispute resolution

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Indian River County, Florida without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Vero Beach. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

TRADEMARKS

All trademarks, service marks and trade names of Sunshine RD LLC. used on the Site are trademarks or registered trademarks of Sunshine RD LLC.

PROFESSIONAL DISCLAIMER

The Site cannot and does not contain medical/health advice. The medical/health information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based upon such information, we encouraged you to consult with the appropriate professionals. We do not provide any kind of medical/health advice. Please always consult your physician before taking on any new diet or lifestyle practice.

 

THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THE SITE OR OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK.

EXTERNAL LINKS DISCLAIMER

The Site and our mobile application may contain (or you may be sent through the Site or our mobile application) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by us. We do not warrant, endorse, guarantee, or assume responsibility for the accuracy or reliability of any information offered by third-party websites linked through the site or any website or feature linked in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

WARRANTY DISCLAIMER

The Site, materials, and products on the Site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Sunshine RD LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. The Sunshine RD LLC does not represent or warrant that the functions contained in the Website will be uninterrupted or error-free, that the defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or other harmful components. Sunshine RD LLC does not make any warranties or representations regarding the use of the materials in this Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

PERSONAL RESPONSIBILITY

You aim to accurately represent the information provided to us on or through the Site. You acknowledge that you are participating voluntarily in using the Site and that you are solely and personally responsible for your choices, actions, and results, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through the Site, and you agree to use your own judgment and due diligence before implementing any idea, suggestion, or recommendation from the Site to your life, family or business.

CODE OF CONDUCT

You may not use Sunshine RD LLC for any illegal or unauthorized purpose. In addition to the laws of the United States, you also agree to comply with all local laws that apply to your use of the Site. You may not use the Site in any manner which could disable, overburden, damage, or impair the Site, or interfere with any other party’s use and enjoyment of the Site. You agree that you are responsible for your own conduct and communications while using the Site and for any consequences of that use. You agree that when using the Site, you will not post or upload any inappropriate, promotional, defamatory, destructive, obscene, or unlawful content; defame, abuse, harass, or otherwise violate the legal rights (such as rights of privacy and publicity) of others or upload dangerous or harmful files. Sunshine RD LLC reserves the right to remove individuals from our community in instances of misconduct.

NO GUARANTEES

Sunshine RD LLC is to support and assist you in reaching your own goals, but your success depends primarily on your own effort, motivation, commitment, and follow-through. Sunshine RD LLC cannot predict and does not guarantee that you will attain a particular result, and you accept and understand that results differ for everyone. Everyone’s results depend on his or her unique background, dedication, desire, motivation, actions, and numerous other factors. You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through the Site.

PURCHASES AND SUBSCRIPTIONS

If you wish to purchase any product or service made available through the Site (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, phone number, email address, physical address, credit card information and geographic location. Please view our Privacy Policy for more information on how we use your personal information.

INDEMNIFICATION AND RELEASE OF CLAIMS

You hereby fully and completely hold harmless, indemnify and release Sunshine RD LLC and any of its agents, consultants, affiliates, team members, joint venture partners, employees, shareholders, directors, staff, team members, or anyone otherwise affiliated with the business from any and all causes of action, allegations, suits, claims, damages, or demands whatsoever, in law or equity, that may arise in the past, present or future that is in any way related to the Site.

ERRORS AND OMISSIONS

You agree that Sunshine RD LLC is not responsible for the views, opinions, or accuracy of facts referenced on or through the Site, or of those of any other individual or company affiliated with Sunshine RD LLC or Teresa Ann Eury in any way.  Sunshine RD LLC is not responsible for the accuracy of the Site, errors, omissions that may occur.

NO ENDORSEMENT

References or links in the Site to the information, opinions, advice, programs, products or services of any other individual, business or entity does not constitute our formal endorsement.

Sunshine RD LLC is not responsible for the Site content, blogs, e-mails, videos, social media, programs, products and/or services of any other person, business or entity that may be linked or referenced in the Site. Conversely, should the Site link appear in any other individuals, businesses or entities Website, program, product or services, it does not constitute our formal endorsement of them, their business or their Website either.

AFFILIATES

From time to time, we may promote, affiliate with, or partner with other individuals or businesses whose programs, products and services align. There may be instances when we promote, market, share or sell programs, products, or services for other partners and in exchange we may receive financial compensation or other rewards. Sunshine RD LLC is highly selective and only promotes the partners whose programs, products and/or services we respect. At the same time, you agree that any such promotion or marketing does not serve as any form of endorsement whatsoever. You are still required to use your own judgment to determine that any such program, product or service is appropriate for you. You are assuming all risks, and you agree that Sunshine RD LLC is not liable in any way for any program, product or service that I may promote, market, share or sell on or through the Site.

VARIATION

Sunshine RD LLC shall have the right in its absolute discretion at any time and without notice to amend, remove, or vary the Services and/or any page of the Site.

COMPLAINTS

Sunshine RD LLC offers support to our clients. A complaint handling procedure which we will use to try to resolve disputes when they first arise, with a solution that is mutually agreeable to both the client and Sunshine RD LLC. Please submit complaints at thesunshinerdllc@gmail.com

ENTIRE AGREEMENT

These Terms, including any legal notices and disclaimers contained on the Site, constitute the entire agreement between Sunshine RD LLC and you in relation to your use of the Site, and supersede all prior agreements and understandings with respect to the same. By using the Site, you are agreeing to all parts of the above Disclaimer. If you have any questions about this Disclaimer, please contact thesunshinerdllc@gmail.com

DECLINED PAYMENT

If your method of payment is declined for the purchase of our services or products. We will make one attempt to contact you via email or telephone to obtain a replacement payment. If we are unsuccessful in trying to contact you, our services or products will not be delivered or provided.

CUSTOMER SERVICE

If you should encounter any technical difficulties while accessing this product, you can contact thesunshinerdllc@gmail.com