Effective Date: May 2025

These Terms of Use (“Terms”) constitute a legally binding agreement between you (“you” or “User”) and Esher Nutrition & Wellness, LLC (“Esher,” “we,” “us,” or “our”) governing your access to and use of our website, services, and any related content or transactions. By accessing or using our website or any part of our services, you accept these Terms in full. If you do not agree, you may not access or use our site.

1. Intellectual Property Rights
All materials on this site including but not limited to images, graphics, designs, written content, downloadable materials, and branding are the intellectual property of Esher Nutrition & Wellness, LLC, protected under U.S. copyright law (17 U.S.C. § 101 et seq.) and trademark law. Unauthorized use of any materials may result in civil and/or criminal liability.

2. Limited License
We grant you a limited, non-transferable license to access and use this website for personal, non-commercial purposes only. You may not download, distribute, modify, or create derivative works from any site content without express written permission.

3. Prohibited Use
You agree not to:
- Misrepresent your identity or eligibility for services
- Access or use the site for any unlawful or unauthorized purpose
- Interfere with site security or functionality
- Use bots or scraping tools to collect data or content from the site

4. Clinical Services & Practitioner Status
Esher Nutrition & Wellness, LLC offers individualized nutrition and wellness services delivered by a highly trained nutrition professional currently completing supervised clinical practice hours toward advanced certification and state licensure. These services may include functional nutrition assessments, behavior-focused coaching, or evidence-based wellness education in alignment with nationally recognized nutrition standards.

These services are educational in nature and not intended to replace licensed medical care. By booking a service, you acknowledge that care is provided by a supervised practitioner operating under guidance in accordance with certification board standards and state regulations.

All clinical service fees are final. Please refer to the Refund Policy for more details.

5. Jurisdictional Limitations
Due to varying state and territorial regulations, Esher Nutrition & Wellness, LLC cannot provide clinical nutrition or wellness services to individuals residing in the following U.S. states or territories: Alabama, Guam, Iowa, Kansas, Nebraska, North Dakota, Ohio, Puerto Rico, South Dakota, and Tennessee. This restriction applies only to clinical services and does not impact access to our store or educational content.

6. Health Spending Account Eligibility
Certain clinical services offered by Esher Nutrition & Wellness, LLC may be eligible for reimbursement through Health Savings Accounts (HSA) or Flexible Spending Accounts (FSA). We provide superbills upon request and maintain an active National Provider Identifier (NPI) number. It is the client’s responsibility to verify eligibility and coverage with their plan administrator prior to purchasing services.

7. Shipping and Service Availability
We currently only ship merchandise to addresses located within the United States. We do not ship internationally at this time.

Private clinical services are also only offered to clients residing in the United States.

8. Limitation of Liability
To the fullest extent permitted by law, Esher Nutrition & Wellness, LLC shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or related to your use of this site, merchandise, or services.

9. Modification of Terms
We reserve the right to update or revise these Terms at any time. Any changes will be posted on this page and are effective upon posting. Continued use of the website after such changes constitutes acceptance of the modified Terms.

10. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of law principles.

11. Contact
For legal inquiries: legal@eshernutrition.com 
For merchandise support: shop@eshernutrition.com