Terms & Conditions

This website is owned and operated by Nest ND Nurture, LLC, also known as/DBA "Nest & Nurture". These Terms and Conditions set forth the terms under which you may access and use our website and services. This website offers visitors educational content, products, and services related to fertility, pregnancy, postpartum, and general women’s health. By accessing or using our website, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions. This website is hosted on the Wix.com platform, which provides us with the online platform to offer our products and services. Your use of this website is also subject to Wix’s terms of service and privacy policies.

To use our website and/or receive our services, you must be at least 18 years of age or the legal age of majority in your jurisdiction. By accessing our website, you confirm that you have the legal authority, right, and freedom to enter into these Terms as a binding agreement. You may not use this website or receive our services if doing so is prohibited by any applicable law or regulation in your country or jurisdiction.

By purchasing an item or service from Nest & Nurture, you agree to the following:
(i) You are responsible for thoroughly reviewing the full item or service listing before making a purchase commitment.
(ii) You enter into a legally binding contract to purchase the item or service when you complete the checkout process and submit payment.

Pricing and Payment:
The prices for our products and services are listed on our website. We reserve the right to modify prices at any time and to correct any pricing errors that may inadvertently occur. Additional information regarding pricing, applicable sales tax, and payment terms is available on the checkout page.

Fees and Charges:
By using our services, you agree that any applicable fees, including taxes and transaction fees, will be charged to your selected payment method. If you enroll in a subscription or recurring service, you authorize us to charge your payment method on a monthly basis or as otherwise specified during checkout.

Refund Policy:

Digital Content and Memberships:
All sales of memberships and digital content are final and non-refundable. By purchasing a membership, you gain immediate access to exclusive content, which cannot be revoked once accessed or downloaded. Therefore, we do not offer refunds for memberships, regardless of usage.

Appointments and Visit Payments:
When booking an appointment, you agree to the following payment terms:

A 50% down payment is required at the time of booking to reserve your appointment.
You agree to keep a valid card on file, which will be charged for the remaining 50% by the end of the business day following your appointment.
If you wish to use a different payment method for the remaining balance, you must notify us before or during your visit.

Cancellation Policy:

Cancellations with more than 24 hours’ notice: You may reschedule or receive a refund, minus any applicable payment processing fees.
Cancellations with less than 24 hours’ notice: The 50% down payment is non-refundable.

Refund Processing:
Refunds, when applicable, will be issued to the original payment method. Please allow 5-10 business days for the refund to reflect, depending on your financial institution.

Service Modifications and Suspension:
We reserve the right to modify, discontinue, or limit our services at any time, with or without prior notice. This includes the right to:

Change, add, or remove features or functionalities.
Suspend or terminate access to services, temporarily or permanently.
Impose usage limits or restrict access for any reason or no reason at all.

We are not liable to you or any third party for any modification, suspension, or discontinuation of services, including the loss of access to content, features, or functionality.

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Dr. Tia Hernandez and Nest & Nurture. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

By posting or submitting content (e.g., comments, discussions, or images) on our website or community, you grant Nest & Nurture a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in connection with the website and services. You retain ownership of your content but agree that Nest & Nurture may continue to display or use it, even if you delete your account or exit the community.

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.

You agree to indemnify, defend, and hold harmless Nest & Nurture and its affiliates, employees, contractors, agents, and representatives from and against any and all demands, losses, liabilities, claims, expenses (including attorneys' fees), or damages arising out of or in connection with your use of the website or any services provided through the website. This includes, but is not limited to, any claims made by third parties due to your violation of these Terms or applicable laws.

To the maximum extent permitted by applicable law, Nest & Nurture shall not be held liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including but not limited to 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.

Furthermore, to the maximum extent permitted by applicable law, Nest & Nurture assumes no liability or responsibility for:
(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;
(iii) Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

The information provided on this website, including any content related to health, wellness, fertility, pregnancy, postpartum care, or other medical topics, is for informational and educational purposes only. It is not intended as a substitute for professional medical advice, diagnosis, or treatment. While Nest & Nurture provides medical services, the information on this website does not constitute a patient-provider relationship.

You should not rely solely on the information provided here to make healthcare decisions. Always consult with a qualified healthcare provider for individual medical advice or concerns. By using this website, you agree that Nest & Nurture is not responsible for any health outcomes resulting from the use of information provided on the website.

By entering your contact information in our forms or signing up for a membership, 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. If you are located in the European Economic Area (EEA) or California, you have specific rights under GDPR and CCPA, including the right to access, correct, or delete your personal data. By using our website, you consent to the collection and use of your data as outlined in our Privacy Policy. We do not sell personal information to third parties. For more information on how we protect your data, please review our Privacy Policy.

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 the State of Oregon, 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 Portland, Oregon. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

To the fullest extent permitted by law, you agree to waive any right to a jury trial and to participate in a class action. You further agree that any claim must be filed within one (1) year after the cause of action arose, or it will be permanently barred.

In the event of a dispute, the parties agree to first attempt to resolve the dispute through good faith negotiation or mediation before pursuing litigation, unless immediate injunctive relief is required.

Nest & Nurture shall not be held liable or responsible for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, government actions, labor strikes, power failures, internet interruptions, or pandemics. In such cases, services may be suspended or delayed without liability

Nest & Nurture makes no guarantees or promises regarding specific health outcomes or results from the use of its services, products, or content. Individual results may vary based on personal circumstances, adherence to recommendations, and other factors beyond our control.

Our website includes a user community feature that allows users to interact, share content, and engage with others. When creating an account, you have the option to choose whether your profile is public or private.

If you select a public profile, your name, profile picture, and public activity (such as posts, comments, or likes) will be visible to other website visitors.
If you select a private profile, your activity will only be visible to you and site administrators, and you will not appear in public community areas.

You can change your profile privacy settings at any time through your account preferences.

By participating in the community, you agree to adhere to community guidelines and understand that any content you share in public areas may be visible to others. If you choose to exit the community or delete your account, your profile and associated activity will no longer be publicly visible, but any content you have posted (such as comments or discussions) may remain visible.

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page 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 Website 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 website or the service.