These Terms of Use were updated as of July 1, 2015.

These Terms of Use (the "Terms") apply to all online visitors to www.bestnestwellness.com (the “Site”). By using this Site, you ("you" or "User") agree to the terms and conditions in this Agreement between you and Best Nest Wellness, LLC ("Best Nest Wellness"). If you do not agree to these outlined terms and conditions (the "Terms of Use" or "Agreement"), your only recourse is to discontinue use of the Site. 


Best Nest Wellness reserves the right to make any changes to these Terms of Use and/or our Privacy Policy (which is incorporated herein by reference) without prior notification to you. You should re-read this Agreement containing the Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Site, including making purchases through the Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein. We strongly suggest that each time you make a purchase through this Site, you re-read the Terms of Use.

If you have any questions about these terms, contact us at support@bestnestwellness.com.


Acceptance of Terms. By using the Site, you agree to the terms and conditions in this Agreement between you and Best Nest Wellness. You must accept the Terms, in full, before using the Site. You can accept the Terms in one of three ways: (a) by clicking to “accept” or “agree” to the Terms, where this option is presented or made available to you on the Site; (b) by actually using the Site; and/or, (c) by making purchases of Best Nest Wellness products. BY USING THE SITE, YOU AGREE TO THE TERMS, IN FULL. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE SITE. EXCEPT AS OTHERWISE PROVIDED, THE TERMS ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE AND YOUR CONTINUED USE OF THE SITE, AFTER ANY CHANGE(S) HAVE BEEN IMPLEMENTED CONSTITUTES ACCEPTANCE BY YOU OF SUCH CHANGE(S).


Privacy Policy. Best Nest Wellness cares about the privacy of our users. Best Nest Wellness's Privacy Policy applies to the use of the Site, and its terms are made a part of the Terms by this reference. To view our Privacy Policy, click here. Additionally, by using the Site, you acknowledge that the Internet is not a secure environment and sometimes there are interruptions in service or events that are beyond the control of Best Nest Wellness and that communications with Best Nest Wellness can never be guaranteed to be secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. Nonetheless, we employ reasonable measures to protection your information from unauthorized use or disclosure. While we make these reasonable precautions against loss or theft of data, Best Nest Wellness shall not be responsible for any data lost or stolen while transmitting information on the Internet. While it is Best Nest Wellness's objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable at any time for any reason including, without limitation, routine maintenance.  


Health Related Information. The information contained in the Site is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Site (including, but not limited to, information that may be provided on the Site by healthcare or nutrition professionals employed by or contracting with Best Nest Wellness) for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should consult your doctor before takings any products or otherwise engaging in any activities contained or discussed on the Site. You should carefully read all Best Nest Wellness product packaging prior to use.


Use by Minors. The products listed on this Site are for use by adults only. Best Nest Wellness does not recommend the use of any Best Nest Wellness products for anyone under the age of 14 unless specifically listed in the product description. Any use by individuals under the age of 14 should only be if the individual is closely monitored by a medical professional and at the medical professional’s direction. Any use by individuals between 14 and 18 should only be at a medical professional’s direction.

Use of Other Products. Unless approved by your medical professional, Best Nest Wellness does not recommend the use of any Best Nest Wellness products if you are taking any medications or other dietary supplements. 


Use and Restrictions. The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 13 years of age or older, and who are not barred from using the Site under applicable laws. You may access and use the Site only in accordance with all applicable laws and regulations and with these Terms of Use. You acknowledge and agree that Best Nest Wellness, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of the Site. 


Ownership of the Site, Content, and Trademarks. The Site is owned and controlled by Best Nest Wellness and unless otherwise agreed in writing, all materials on our Site, including text, graphics, information, content, images, illustrations, designs, icons, photographs, video clips, sounds, music, artwork, computer code, and other materials, and the copyrights, trademarks, trade dress, and/or other intellectual property rights in such materials (collectively, the “Content”), are owned, controlled, and/or licensed by Best Nest Wellness. The Site and Content are intended solely for your personal, non-commercial use. You may not download and/or copy any of the Content without permission from Best Nest Wellness unless such permission is explicitly granted on the Site. Any permitted downloads or permitted copies of the Content are for your personal use only. No right, title, or interest in any downloaded and/or copied Content is transferred to you as a result of any such downloading and/or copying. You may not reproduce (except as noted above or on the Site), publish, transmit, distribute, display, perform, alter, modify, create derivative works from, sell, exploit, and/or otherwise use any of the Content or the Site for any public or commercial purpose. Best Nest Wellness also owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may not upload or republish Site Content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation. Best Nest Wellness does not permit use of any data mining, robots, scraping, and/or similar data-gathering or extraction methods. Certain trademarks, trade names, service marks, and logos used or displayed on this Site are registered and unregistered trademarks, trade names, and service marks of Best Nest Wellness and its affiliates. Other trademarks, trade names, and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names, and service marks of third parties. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to you to use any such trademarks, trade names, service marks, or logos displayed on such Site.


Trademark. All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered including, but not limited to, BEST Prenatal, BEST Prenatal DHA, Best Nest Wellness, the Birth Relaxation Kit, and our logo (collectively the "Marks") that appear on the Site are proprietary to Best Nest Wellness or such Marks' respective owners. You may not display or reproduce the Marks other than with the prior written consent of Best Nest Wellness, and you may not remove or otherwise modify any trademark notices from any Content. In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names and/or trade dress of Best Nest Wellness or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Best Nest Wellness.


Terms of Sale. All product sales are through Aamzon.com. Please refer to Amazon.com regarding shipping, payment, refunds, and Amazon’s policies regarding purchases on Amazon.com. 


User Communications and User Content. By submitting material to this Site (“User Communications”), including, but not limited to, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication, you warrant that such content is original to you, that you own all applicable legal rights in such content, and that the content does not and will not infringe upon the rights of any other person or entity. Further, by submitting any User Communication, you agree and acknowledge that you have expressly granted Best Nest Wellness a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other users to access, view, store, or reproduce the material if posted in a public area of the Site for that user's personal use. You hereby grant Best Nest Wellness the right to edit, copy, publish and distribute any material made available on this Site by you, including, but not limited to, information, suggestions, ideas, events, comments, commentary, and other postings. You agree that we may use any User Communication for any purpose in our sole discretion, including reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. You agree that Best Nest Wellness shall be under no obligation: (a) to maintain any User Communication in confidence; (b) to pay compensation for any User Communication; and/or, (c) to monitor, use, return, review or respond to any User Communication. You further agree that you will not upload, post or otherwise make available on the Site any material protected by copyright, trademark, patent, trade secret or any other proprietary right without the express permission of the owner of such copyright, trademark, patent, trade secret or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for damage resulting from your account, or any infringement of copyrights, trademarks, patents, or other proprietary rights, or any violations of rights of privacy or publicity, or any other harm resulting from any Submission that you make.  


No Liability for User Communication. We will have no liability related to the content of any User Communication, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You warrant, certify, and represent that any individuals depicted in audio or visual files submitted as part of a User Communication, other than yourself, are of the age of majority in their respective states of residence; and you grant the right to Best Nest Wellness to copy, edit, change, revise, display, perform, publish, distribute the likenesses of those individuals and that you have the authority to attest to this release on their behalves. In addition, to the extent any User Communication contains your or any other person's name, likeness, voice or biographical information ("Personal Rights"), you hereby grant and will cause such other person to grant to Best Nest Wellness a sublicensable, transferable, perpetual, nonexclusive, worldwide, royalty-free license to (in any media, whether now known or not currently known or invented) exploit or use such Personal Rights for any advertising or marketing of Best Nest Wellness products and services (in any media, whether now known or not currently known or invented). User Communications shall be considered non-confidential and Best Nest Wellness is under no obligation to treat such User Communications as proprietary information except pursuant to Best Nest Wellness's Privacy Policy applicable to personally identifiable information. If any of the individuals depicted in any User Communication are minors in their respective states of residence, you certify, warrant and represent that you are the parent or legal custodian of each such individual and you grant the use of the media containing his/her depiction in accordance with the Terms.  


User Content. When submitting User Communications to or otherwise using the Site, you agree not to, without limitation: (a) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) use racially, ethnically, or otherwise offensive language; (c) discuss or incite illegal activity; (d) use explicit/obscene language or solicit/post sexually explicit images (actual or simulated); (e) post anything that exploits children or minors or that depicts cruelty to animals; (f) post any copyrighted or trademarked materials without the express permission from the owner of such copyright or trademark; (g) post any person's name, likeness, voice or biographical information without the express permission from such person (or if that person is a minor, from that person's parent or legal guardian); (h) disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation; (i) use any robot, spider, scraper or other automated means to access the Site; (j) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; and/or (k) alter the opinions, goals, profiles or comments posted by others on the Site.  This list of prohibitions provides examples and is not complete or exclusive. Best Nest Wellness reserves the right in its sole discretion to (a) terminate your access to your account; (b) terminate your ability to post to the Site (or the services) and (c) refuse, delete, modify, edit or remove any User Communications; with or without cause and with or without notice, for any reason or no reason, or for any action that Best Nest Wellness determines is inappropriate or disruptive to this Site or to any other user of the Site and/or services. Best Nest Wellness may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Best Nest Wellness's discretion, Best Nest Wellness will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site or on the Internet.


Third Party User Communications. Best Nest Wellness takes no responsibility and assumes no liability for any User Communications posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of products and reviews, Best Nest Wellness is only a forum and is not liable for any statements, representations, or User Communications provided by its users in any public forum or personal home page. These prohibitions do not require Best Nest Wellness to monitor, police, or remove any User Communications or other information submitted by you or any other user.


Products Descriptions. In describing and portraying our products on the Site, we attempt to be as accurate as possible. However, we do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free. We reserve the right to correct any typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability from time to time without prior notice. Please note that such errors, inaccuracies, and/or omissions may relate to the pricing and availability and that the most current information is on our Amazon webstore. We apologize for any inconvenience.


Modifications. Any Content offered or posted on the Site is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, Best Nest Wellness reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Site, at any time and from time to time.


Links to Third Party Websites. The Site may contain links to websites and other resources operated by third parties other than Best Nest Wellness. Such links are provided solely as a convenience to you. Best Nest Wellness does not control such websites, and is not responsible for the content, products, services, or information offered by any third parties. The inclusion of links to such websites on the Site does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.


PRODUCT LIABILITY. IN NO EVENT WILL BEST NEST WELLNESS BE LIABLE TO YOU FOR ANY DAMAGES CAUSED BY THE USE OF PRODUCTS ON THIS SITE. YOU UNDERSTAND THAT THE PRODUCTS YOU ARE BUYING THROUGH THIS SITE IF USED INCORRECTLY OR AGAINST THE RECOMMENDED USE MAY BE HAZARDOUS TO YOUR HEALTH OR SOMEONE ELSE'S. YOU AGREE AND ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO USE THE PRODUCTS IN A SAFE MANNER. FURTHER, YOU AGREE AND ACKNOWLEDGE THAT USE OF ANY PRODUCTS MAY BE HAZARDOUS AND CAUSE SERIOUS PHYSICAL HARM OR EVEN DEATH. YOU TAKE FULL RESPONSIBILITY FOR THE USE OF ANY PRODUCT YOU BUY THROUGH THIS SITE AND AGREE TO INDEMNIFY AND HOLD HARMLESS BEST NEST WELLNESS FOR ANY INJURIES OR DEATH CAUSED BY THE USE OF SUCH PRODUCTS.


WARRANTIES AND DISCLAIMER. THE SITE, USER COMMUNICATIONS, AND ANY CONTENT PROVIDED VIA THE SITE, INCLUDING LINKS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEST NEST WELLNESS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, USER COMMUNICATIONS, THE CONTENT AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES, OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, BEST NEST WELLNESS DOES NOT REPRESENT OR WARRANT THAT THE SITE, USER COMMUNICATIONS, CONTENT OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITE IS SECURE, ACCURATE, COMPLETE OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE AT THE TIME OF ORDER. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO BEST NEST WELLNESS THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE. IN ADDITION, THE SITE MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. BEST NEST WELLNESS THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE.


LIMITATION OF LIABILITY. BEST NEST WELLNESS AND ITS PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS TO THOSE CONTAINED HEREIN.


Copyright, Trademark, and Intellectual Property Complaints. Best Nest Wellness respects the intellectual property rights of others. We are committed to complying with copyright and related laws, including the Digital Millennium Copyright Act (DMCA), and we require all users of the Site to comply with these laws. Accordingly, you may not upload, post, store any material or content on, disseminate any material or content over, or otherwise transmit to or on the Site in any manner material that constitutes an infringement of third party intellectual property rights, including but not limited to, rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. When Best Nest Wellness receives proper Notification of Alleged Copyright Infringement, Best Nest Wellness promptly removes or disables access to the allegedly infringing material upon conclusion the material infringes upon another rights and terminates the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright that you own or control, please see contact us at support@bestnestwellness.com for more information on how to report infringement of your copyright. Best Nest Wellness may, at its sole discretion, terminate any Users who are deemed by Best Nest Wellness to be have committed copyright infringement, whether or not there is any repeat infringement.


Termination of Agreement. Best Nest Wellness may terminate this Agreement at any time. Without limiting the foregoing, Best Nest Wellness shall have the right to immediately terminate your use of this Site in the event of any conduct by you that Best Nest Wellness, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement.


Termination of Use of Site if Under 13. Best Nest Wellness may terminate your use of the Site, delete any content or information that you have posted on the Site, refuse any orders, and/or prohibit you from using or accessing the Site for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you have accessed this Site and are under 13 year of age or violate these Terms of Service.


Waiver. No action taken pursuant to this Agreement, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representation, warranty, covenant, or agreement contained herein or therein and in any documents delivered in connection herewith or therewith. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.


Time for Claims. YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THIS OR ANY OTHER SITES MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE DISPUTE, CLAIM OR CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.


Headings. The headings and captions of this Agreement are for convenience and reference only and in no way define, describe, extend, or limit the scope or intent of this contract, or the intent of any provisions hereof. 


Severability. If a court of competent jurisdiction holds any provision of this Agreement invalid, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. 


Governing Law; Venue and Jurisdiction. By using the Site and/or purchasing products from this Site, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Best Nest Wellness. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Denver, Colorado, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Colorado.


Indemnity. You agree to indemnify and hold Best Nest Wellness, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys fees, arising out of or in connection with any use of the Site, your conduct in connection with the Site, or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party. 


No Assignment. No modification or amendment of this Agreement shall be valid unless in writing. 


Successors and Assigns. Rights and obligations created by this contract shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns.  


Number and Gender. Whenever used, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders.


Definitions and Constructions. Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in this Agreement with the initial letter(s) capitalized will have the meaning attributed to them in this Agreement.


Electronic Communications. You consent to receive electronic communications from Best Nest Wellness either in the form of email sent to you at the email address listed on your account or by communications posted on the Site. You acknowledge and agree that any electronic communication in the form of such email or posting on the Site shall satisfy any legal requirement that such communication be in writing.