Terms of Service - ver 26.03
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Legal Notice:

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Nurturely is a registered DBA for Samara Table Co. LLC. All services offered under the Nurturely brand are provided by Samara Table Company LLC, and all terms and policies below apply accordingly.

​​For any questions about our policies, please contact us and we'll get you the information you need! 

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​​By completing a purchase, checking an acceptance box, or using Nurturely services, you agree to the following Terms, Policies, and (if applicable) our Subscription Agreement.

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These Terms of Service, Subscription Agreement, and related policies may be updated or modified from time to time at our sole discretion, with or without prior notice, and the most current version will be posted on our website; continued access to or use of our services after any such update constitutes acceptance of the revised terms.

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Overview of Our Services

We provide subscription-based client nurturing services that may include a combination of strategic planning, reminders, coordination, and optional physical gifts or mailed items. Some services and items are fulfilled on a recurring basis, while others are fulfilled only when initiated or approved by the customer.
Because our services involve planning, preparation, and fulfillment that may occur over time, and require user interaction, not all components are delivered immediately upon purchase.
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Refund Policy

​Refunds from Samara Table Company LLC DBA Nurturely ["We/"Our"/"Nurturely"] are not guaranteed and are evaluated on a case-by-case basis.

We understand that situations may arise where a refund is appropriate, and we aim to be fair and reasonable in our review. Factors we may consider include, but are not limited to:
   •    Whether services have already been performed
   •    The length of time the subscription has been active
   •    Customer usage or engagement with the service
   •    The reason for the refund request
Approved refunds, if any, may be issued in full or in part and will be processed to the original payment method whenever possible.
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User Logos/Information

​If a continuous user of our website purchases a product offering custom logo services, the following policy applies unless explicitly confirmed in writing by a member of Nurturely:
​- Only 1 version of logo content will be stored on file for each user.
- A user can always verify the current version of logo content by checking the "My Account" page.
- Standard Users can submit changes to logo content once every 6 months.
- Users on an active Client Nurturing Plan can submit changes every 45 calendar days. 
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Media Release Consent

By submitting photographs, videos, or other media ("Media") to Nurturely, or by participating in activities where Media is captured and you are identifiable, you acknowledge and agree to the following terms:

Grant of License: You hereby grant Nurturely a perpetual, royalty-free license to use, reproduce, modify, and display the Media solely in connection with our services, marketing, promotional materials, and business operations.

Use of Image and Likeness: You agree that Nurturely may use your image, likeness, voice, and other representations captured in the Media for promotional, advertising, or marketing purposes. You understand that this may involve various modes of media including, but not limited to, publications, advertisements, brochures, web content, and other digital and print formats.

Waiver of Rights: You waive any right to inspect or approve the finished product, including written copy, wherein your likeness or Media appears. Additionally, you waive any claims against Nurturely or any third parties who use the Media under license from Nurturely for any alleged or actual infringements of any rights of privacy, rights of publicity, moral rights, rights of attribution, or any other intellectual property rights.

Representation and Warranty: You represent and warrant that you own or otherwise control all necessary rights to your Media and all the elements thereof, and that dissemination of the Media shall not violate any law or infringe upon the rights of any third party.

Release of Claims: You release, discharge, and agree to hold harmless Nurturely, its agents, employees, officers, directors, legal representatives, assignees, and licensees from all claims, demands, and liabilities whatsoever in connection with the use of the Media as described herein.

Age of Consent: By submitting Media to Nurturely, you represent that you are at least 18 years of age or, if under 18, that you have obtained the requisite consent from a parent or legal guardian who agrees to be bound by this Media Release.

Modification of Terms: Nurturely reserves the right to modify the terms of this Media Release at any time without prior notice. Your continued submission of Media or participation in activities producing Media following such modifications will constitute your acceptance of these modified terms.

By submitting Media to Nurturely, you affirm that you have read, understood, and agree to be bound by these terms. If you do not agree with any of these terms, please do not submit any Media or participate in activities where Media is captured and you are identifiable.
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​Fulfillment & Delivery

Some services include physical goods or mailed items that are prepared or shipped only after customer input, approval, or action. Fulfillment timing may vary based on customer responsiveness, shipping carrier performance, inventory availability, or other factors outside our direct control.

We do not guarantee delivery dates unless explicitly stated in writing.

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Personalization

​By submitting personalized text, images, card messages, or instructions for fulfillment of any physical goods, the customer assumes full responsibility for the accuracy, appropriateness, and intended outcome of the personalization. 

Nurturely is not responsible for any personal, professional, reputational, or business consequences resulting from personalized content, including but not limited to strained relationships, lost business, misunderstandings, or unintended recipient reactions. Personalization is executed exactly as approved by the customer, and all results—positive or negative—are the sole responsibility of the customer.

Nurturely is not responsible for any misspelled words, typos, or similar grammatical errors submitted with an order. The submitted text will be used to personalize each item.

​If the wrong text is submitted with your order, please contact us ASAP! We will do our best to make necessary changes to a submitted personalization order (mistakes happen!) but we cannot guarantee your request for any changes submitted more than 12 hours after the order was originally submitted.

We will not personalize any item using words of profanity, hate speech, overtly sexual messages, or any other language deemed inappropriate (at the sole discretion of Nurturely). In the event we deem a personalization option is in violation of this policy, we will contact the customer for an alternative option or cancel the order and issue a refund.​

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Dispute Resolution

​Efforts to Resolve Discrepancies: We will make every effort to resolve any discrepancies with our customers.

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Small Claims Exception: Notwithstanding the foregoing arbitration requirement, either party may bring an individual claim in small claims court in a court of competent jurisdiction, provided the claim qualifies to be heard in that forum.

Agreement to Arbitrate: Both parties agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Houston, Texas, before one arbitrator.

Costs of Arbitration: Each party shall be responsible for its own attorney’s fees and preparation costs. Unless the award specifies otherwise, the payment of the arbitration fees and costs will be shared equally by the parties.

Restrictions: The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement including, but not limited to, any claim that all or any part of this Agreement is void or voidable.

Confidentiality: The arbitration proceedings and any result thereof shall remain confidential by all parties, except as required by law or in connection to securing legal or business advice.

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Limitation of Liability

Compensation Cap: In no event shall any award or compensation granted in arbitration exceed the total amount actually paid to Nurturely by the customer for the services or products under dispute during the period in which the alleged issue occurred.

Scope of Damages: Both parties agree that Nurturely shall not be liable for any indirect, special, incidental, consequential, or punitive damages, including but not limited to loss of profits, even if advised of the possibility of such damages.

Justification: This limitation is intended to ensure that any potential recovery is proportionate to the actual economic impact and directly related to the amount the subscriber has invested in the services or products provided by Nurturely.

Acknowledgment: By agreeing to these terms, the subscriber acknowledges that these limitations on potential liabilities are a fundamental element of the basis of the bargain between the subscriber and Nurturely.

 

Consent for Communication

SMS and Other Communications: By purchasing any plan, you consent to be contacted through SMS and other communication methods for gifting ideas, follow-up reminders, and related marketing purposes.

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Subscription Agreement

​Subscriptions & Billing

By purchasing a subscription or service from us, you authorize us to charge your selected payment method on a recurring monthly basis.

Subscription charges are billed in advance of the service period. Your subscription will automatically renew at the end of each billing cycle unless canceled prior to the next renewal date.

You are responsible for maintaining accurate billing information and ensuring your payment method remains valid.
Subscriptions are sold online and activate immediately upon purchase. Once a billing cycle has started, it will remain active until the end of the cycle.

Some subscription plans may include optional physical gifts to be distributed after customer input, approval, or action. While physical gifts may be included as part of our service, subscriptions are for a managed client relationship service and do not constitute a standing or recurring order for physical products.

If your plan is canceled or expires, we are no longer obligated to fulfill, resend, or reroute any physical or digital client touches, including those returned to us due to address errors or failed deliveries. Our obligation to facilitate delivery ends with the termination of your plan.

If your plan includes optional physical gifts services, all gifting credit balances will be reset according to your billing cycle schedule. Any unused credits expire at the end of each billing cycle schedule. Gifting credits have no cash value and are not redeemable or otherwise transferrable outside our online gift shop.

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Billing Failures & Grace Period

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If a scheduled subscription payment is missed for any reason, including but not limited to expired or updated payment methods or payment processor errors, the subscriber will have a grace period of three (3) business days to resolve the outstanding balance. If payment is not resolved within this period, Nurturely reserves the right to suspend or cancel the subscription and pursue reimbursement of any outstanding onboarding fees or amounts owed; we may attempt to notify the subscriber via email, SMS, and telephone as a courtesy, and we will never request sensitive account or payment information by phone.

Early Cancellation Policy for Term Subscription Plans

Certain subscription tiers are offered with a minimum commitment period, such as a twelve (12) month service term (each, a “Term Subscription”). While Term Subscriptions are billed on a month-to-month basis, subscribers agree to maintain the subscription for the full minimum term unless canceled early in accordance with this policy.

Subscribers may request cancellation of a Term Subscription at any time. However, if a cancellation request is made before the completion of the minimum term, an early cancellation fee will apply.  Unused time or services remaining in a billing cycle after request for cancellation is not automatically refundable.

The standard early cancellation fee is equivalent to one (1) month's price of the current tier in USD. This fee is payable immediately upon request of cancellation and is non-refundable. This policy is intended to cover the cost of the committed resources and services provided under the subscription plan.

Notwithstanding the above, Nurturely, at its sole discretion, may offer alternative cancellation terms in writing. Unless such alternative terms are explicitly agreed upon by Nurturely in a written document, the standard early cancellation fee remains in effect.

By enrolling in a Term Subscription, subscribers acknowledge and accept this Early Cancellation Policy.
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Pausing & Payment Continuity

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Subscription plans may not be paused during an active minimum commitment period. Because services, resources, and system access continue to be rendered throughout the term, subscribers must either maintain payment of the next scheduled billing cycle or request early cancellation in accordance with the Early Cancellation Policy, including payment of any applicable onboarding or early cancellation fees.

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Referral Credits

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From time to time, Nurturely may offer referral incentives to subscribers who introduce new customers to our services. Referral credits, if offered, are issued solely at Nurturely’s discretion and are not guaranteed. To qualify, the referred customer must successfully enroll in a paid subscription plan and complete a minimum of three (3) consecutive, successful monthly billing cycles without cancellation, chargeback, refund, or payment failure.

 

Referral credits have no cash value, are non-transferable, and may only be applied as a promotional credit toward a future subscription invoice. Referral credits will not be issued as cash payments, gift cards, or withdrawable funds. If a referred customer cancels, fails billing, or receives a refund prior to meeting the eligibility requirements, no referral credit will be granted. Nurturely reserves the right to modify, suspend, or discontinue referral programs at any time.

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​Website Use & Privacy Policy

​By using www.nurturely.net [the "website"], you agree to the terms of this Privacy Policy. Because we gather certain types of information about and from you.  This Privacy Policy discloses what information we gather, how we use it, how to correct or change it, and what steps we take to safeguard personal information provided to us both online and offline. Please read the complete Privacy Policy below, as well as our Terms of Service.
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INFORMATION WE COLLECT

You can visit our website, read materials, and browse the website's contents without giving us any personally identifiable information. In order to provide you with the most efficient and enhanced personalized service and attention, and to accommodate certain requests which you make, we request information about you in certain circumstances and collect certain information automatically.

​We collect personally identifiable information that you enter on the website or otherwise volunteer to us (such as your name, email address, credit card number, home address, phone number, and/or similar information), when you contact us to, among other things, make purchases or request information. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing future experiences for you, improving our operations, and communicating with you.

We use collected information to evaluate and administer our website, fulfill your requests, respond to any future problems, such as difficulties in navigating our website or accessing certain features, and to gauge user trends. As in any transaction, when you purchase product, your credit card company will have all relevant information about the name of the vendor, item(s) purchased, date, total cost and other information necessary to process the transaction.
Personal information is available to us and the technical and fulfillment agents, partners and consultants who make our website available to you. Website hosting firms, technical and database consultants, advertising agencies, order processing partners, and other third parties may have access to personally identifiable information in the course of making our website and its contents available. All companies working for and with us must comply with our privacy policies, and are not permitted to sell your information to third parties or to use it except as authorized by us and you, or as permitted or required by law. We reserve the right to use or disclose any information without notice or consent for the following purposes: as needed to satisfy any law, regulation or legal request; to conduct investigations of consumer complaints or possible breaches of law; to protect the integrity of our website and our property; to protect the safety of our visitors or others; to fulfill your requests; or to cooperate in any legal investigation.

COOKIES

We receive and store certain types of information whenever you interact with us. For example, like many web sites, we use "cookies" and we obtain certain types of information when your web browser accesses our website or advertisements and other content served by us or on our behalf on other websites. We may also automatically collect your Internet Protocol and referring website addresses, browser type and domain name. This information helps facilitate your online experience on our website. We use "cookies" to track usage patterns on our Website and to control the display of ads, as well as to offer other functionalities. You can turn off cookies, but that will affect your online experience.

Your web browser offers so-called "cookies" which, if you allow their use, store small amounts of data on your computer when you visit a web site. Cookies do not contain any personally identifiable information about you and therefore cannot be used to identify you personally. However, cookies assist us in tracking which of our features you like best and make it easier to use our Website. You have the ability to accept or decline cookies by modifying your browser. Our Website is viewable even if you disable the cookie function on your browser. However, if you disable cookies, some advanced and customized features or offerings will not be available to you.

SECURITY OF YOUR PERSONAL INFORMATION

You may unsubscribe to any of our online email updates by following the unsubscribe instructions in the body of any email message. We will take commercially reasonable steps to implement your opt-out requests promptly; but you may still receive promotional information from us by email for up to 10 days.

We incorporate standard industry practices internally and with our service providers, which we believe suits the degree of sensitivity of the information involved to maintain the security of your personal information and to avoid its disclosure except as described in this Privacy Policy. Although we have implemented systems and procedures to secure the data maintained by us, security during Internet transmissions can never be assured. Our policy is to limit access to personal data to those employees or agents with a specific need to access or retrieve this information. We store data on multiple service systems, in controlled environments. To maintain security, we conduct internal reviews of our security measures on a regular basis.

OUTSIDE THE UNITED STATES

Our website and the servers that make this website available worldwide are located in the United States. The Internet laws in the United States govern all matters relating to this website. Any information you provide in subscribing to our website or registering or ordering at our website will be transferred to the United States. By visiting our website and submitting information, you authorize this transfer, processing and use.

PRIVACY POLICY UPDATES

We will occasionally update this Privacy Policy as necessary to protect our users and to comply with a changing environment. We recommend that you check the Privacy Policy when you visit our Website to be sure that you are aware of and understand our current policy.

CONDITIONS OF USE

If you choose to visit our website, your visit and any dispute over privacy is subject to this Notice and our Terms of Use, including limitations on damages, resolution of disputes, and application of the law of the State of Texas. If you have any concern about privacy at our website, please contact us with a thorough description, and we will try to resolve it. As our business changes, our Privacy Policy and Terms of Use may change also. We may email periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our Website frequently to see recent changes. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. We will not materially change our policies and practices to make them less protective of personal information collected in the past without the consent of affected user.

CHILDREN'S PRIVACY

We are strongly committed to protecting the safety and privacy of children who visit our website. We do not knowingly collect personal information online from children under 13 and have adopted techniques to ensure compliance with this Privacy Policy and the Children's Online Privacy Protection Act of 1998 ("COPPA"). COPPA and its accompanying regulations under United States federal law protect the privacy of children using the Internet. Our Website includes content that we believe to be unsuitable for children under 13 and which are not necessarily monitored. We encourage all parents to talk to their children about online safety and to monitor their children's use of the Internet.

CONTACT INFORMATION

If you have any questions about this Privacy Policy or our privacy practices, please contact us.