DISCLAIMER OF BERGAMOTKITCHEN.COM
LAST UPDATED AUGUST 19, 2024
INTRODUCTION.
The website bergamotkitchen.com is owned by Ashleigh Retzloff LLC dba Bergamot Kitchen, A California Limited Liability Company.
This Disclaimer discloses what we do, what we do not do, and how to use the information on our website and in our
Services. It applies to all website visitors, customers, and all other users of the site. Your use of our website, and any
information that you provide to us, is subject to this Disclaimer.
By accessing our website, you are using it, and you acknowledge that you have read this Disclaimer and consent to
be bound by all of its terms, without modification. By using bergamotkitchen.com, you agree that the exclusions
and limitations of liability of this Disclaimer are reasonable. IF YOU DO NOT AGREE TO BE BOUND BY THIS
DISCLAIMER, NAVIGATE AWAY FROM THIS WEBSITE.
DEFINITIONS.
“Website”= bergamotkitchen.com and all content on bergamotkitchen.com and all services offered on
bergamotkitchen.com.
“We,” “us,” and “our” = Bergamot Kitchen.
“User,” “you,” and “your” = website visitors, customers, and any other users of our website.
“Service” and “Services” = (but are not limited to) <insert a description of the services you provide on your website,
e.g. informational/promotional newsletters, digital products, physical products, coaching services, group programs,
membership programs, blogs, etc.>
“Content” = all intellectual property, proprietary information, trademarked and copyrighted material and all original
works on our website and in our Services, including, but not limited to words, documents, program names, blog posts,
data, information, design, website layout, artwork, graphics, color scheme, logos, proprietary information, branding,
photographs, audio recordings and videos recordings.
YOUR USE OF OUR WEBSITE.
You must be 18 years of age or older to view this website. If you are not 18 and do not have the power to enter into
this Agreement, you are an unauthorized user and in violation of this Agreement. By using our website, you affirm
that you are 18 years of age or older.
THE PURPOSE OF OUR WEBSITE.
Bergamotkitchen.com is for informational and educational purposes only and is not to be perceived or relied
upon, in any way, as medical, mental health, business, financial or legal advice. All suggestions and
recommendations are purely informational and educational, intended as a self-help tool only. If you act upon any
suggestion or recommendation on our website, you acknowledge and agree, it is solely at your own risk, with no
liability on our part.
Nothing on our website is intended to be a substitute for professional advice of a physician, naturopathic physician,
nurse practitioner, physician’s assistant, therapist, counselor, mental health practitioner, licensed dietitian, other
licensed or registered healthcare professional, accountant, lawyer, financial advisor, or any other expert.
YOUR CONDUCT ON OUR WEBSITE.
You acknowledge and agree that any decision you make to view or use any information on our website, whether free
or for purchase, is voluntary and you are solely responsible for your results. Under no circumstances will Bergamot Kitchen be liable to you, or anyone else, for any damages. You acknowledge and agree that all of the
information on our website is general information only, we are unaware of your specific situation and you are solely
responsible for your health, your well-being, your business, your finances and your life.
You acknowledge and agree that our website may not be suitable for all persons, businesses, locations, or specific
situations. We make no guarantees regarding the content presented on our website and your results or success
whether legal, medical, financial or otherwise, with applying it.
You agree that any information you provide to us, including your name, email address and payment information,
should you purchase Services, will be accurate and up to date. If information you provide to us proves to be
inaccurate, it may constitute a legal violation and you acknowledge that you will be financially and legally responsible
for any consequences that result.
DISCLAIMER.
[Section 1]
NOT MEDICAL ADVICE.
Nothing on bergamotkitchen.com constitutes, is intended to constitute, or should be relied upon as medical
advice.
You acknowledge and agree that Ashleigh Retzloff is not a physician, naturopathic physician, nurse
practitioner, registered nurse, physician’s assistant, licensed dietitian, or other licensed or registered medical or
healthcare professional and is not acting as such. You acknowledge and agree that we do not diagnose, treat, heal,
cure or prevent any illness or medical condition, and nothing on our Website or in our Services is intended to
diagnose, treat, heal, cure or prevent any illness, or medical condition.
Nothing on our Website or in our Services is intended to be a substitute for consultation, diagnosis, treatment, or
other medical advice from a licensed medical or healthcare professional, nor is it designed to provide you with a
medical diagnosis, treatment, or other medical services. You are encouraged to consult with a medical or healthcare
professional regarding your specific situation before using any information on our website or in our Services including,
<insert items here that relate to your Services, e.g. following any dietary suggestions, ingesting any herbal,
nutritional, or homeopathic supplement or medication, engaging in an elimination diet, detox, or cleanse, performing
physical exercises, participating in breathing exercises, making any health changes, etc.> We assume that anyone
choosing to implement any information on our Website or in our Services has obtained prior clearance from a
licensed medical or healthcare professional who has determined that the information on our Website or in our
Services is appropriate and useful for them. Whether or not you choose to consult with a licensed medical or
healthcare professional before using information on our Website or in our Services, you assume all risk for any and
all results.
You acknowledge and agree that Ashleigh Retzloff is assisting you only in the capacity as a private chef, not as a healthcare professional.
You acknowledge and agree that you should never disregard any medical advice, stop taking medications, stop any
treatments, or delay seeking professional medical or healthcare advice because of information you have read on our
Website or received from us.
You are strongly advised to carefully read all labels and information provided by the manufacturer on any products
you purchase from our Website. Our Website has not been evaluated by the Food and Drug Administration.
[NOTE: if this Disclaimer is going to be posted on a website that sells physical “health” products, (e.g. supplements,
essential oils, etc.) please include the above sentence, otherwise delete it. Remember to delete all of the green
instructions.]
Do not use or apply any of the information on our website if you are pregnant or nursing.
You acknowledge and agree that you should not use the information contained on our Website or in our Services as a
tool for self-diagnosis.
If you have or suspect that you have a medical or healthcare issue, promptly contact a licensed medical or healthcare
professional.
[Section 2]
NOT MENTAL HEALTH ADVICE.
Nothing on bergamotkitchen.com constitutes, is intended to constitute, or should be relied upon as mental health
advice.
You acknowledge and agree that Ashleigh Retzloff is not a psychologist, psychiatrist, therapist, or other
licensed or registered mental health professional and is not acting as such. You acknowledge and agree that we do
not diagnose, treat, heal, cure or prevent any mental or emotional condition, and nothing on our Website or in our
Services is intended to diagnose, treat, heal, cure or prevent any mental or emotional condition.
Nothing on our Website or in our Services is intended to be a substitute for consultation, diagnosis, treatment, or
other medical advice from a licensed mental health professional, nor is it designed to provide you with a mental
health diagnosis, treatment, or other mental health services. You are encouraged to consult with a mental health
professional regarding your specific situation before using any information on our website or in our Services including,
making any lifestyle or dietary changes. We assume that anyone choosing to implement any information on our Website or in our Services has obtained prior clearance from a licensed mental health professional who has determined that the information on our Website or in our Services is
appropriate and useful for them. Whether or not you choose to consult with a licensed mental health professional
before using the information on our Website or in our Services, you assume all risk for any and all results.
You acknowledge and agree that Ashleigh Retzloff is assisting you only in the capacity as a Private Chef not as a
mental health professional.
You acknowledge and agree that you should never disregard any mental health advice, stop taking medications, stop
any treatments, or delay seeking professional mental health advice because of information you have read on our
Website or received from us.
You are strongly advised to carefully read all labels and information provided by the manufacturer on any products
you purchase from our Website. Our Website has not been evaluated by the Food and Drug Administration.
[NOTE: if this Disclaimer is going to be posted on a website that sells physical “health” products, (e.g. essential oils,
meditation tools, etc.) please include the above sentence, otherwise delete it. Remember to delete all of the green
instructions.]
You acknowledge and agree that you should not use the information contained on our Website or in our Services as a
tool for self-diagnosis.
If you have or suspect that you have a mental health issue, promptly contact a licensed medical or healthcare
professional.
GENERAL DISCLAIMER.
Our Website and all information on our Website are for educational and informational purposes only. Our Website is
intended to provide you with tools to implement and use in your own life for self-help, in the area of nutrition, wellness, mindset, stress relief, and well-being.
We do not guarantee that you will obtain any results using our Services. Our role is to support you in reaching your
goals, but your success depends on your own motivation, dedication,
starting point, genetics, etc. You acknowledge and agree that any decision to use any information on our Website or
in our Services is voluntary and at your own risk. You acknowledge and agree that you are solely responsible for your
results.
TESTIMONIALS.
All testimonials posted on bergamotkitchen.com have been provided voluntarily, are factual and reflect the real
life experiences of users of our Services. You acknowledge and agree that these testimonials are not a guarantee
that you will have the same or similar results.
AFFILIATES.
We may promote, market, share or sell services, products or programs created by other individuals or business. We
may partner, promote, become an affiliate of or joint venture with other individuals or businesses. Any such promotion
will always be for individuals, services, programs or products that we feel confident align with ours and will provide
high value for our visitors, users and customers. In exchange for such promotion, we may receive financial
compensation or other payment. You agree to use your own judgment to decide whether to participate in or purchase
these programs, products or services and agree that we have no involvement in that decision. You acknowledge and
agree that we have no liability of any kind regarding your participation or purchase of programs, products or services
that we promote on our website and agree to hold us harmless in any event.
THIRD PARTIES.
bergamotkitchen.com may contain links to third party websites and resources. You acknowledge and agree that
we are not responsible or liable for the functionality, accuracy, content and policies of these third party websites or
resources. A link on our website to a third party website or resource does not imply any endorsement by, affiliation
with, or approval of that third party website and its resources.
You acknowledge and agree that we are not liable or responsible for any damages or injuries which result from your
use or non-use of information on our website written by a third party, and you agree to release us from any and all
claims which result.
You acknowledge and agree that it is solely your responsibility to determine the risks of using our website. You
acknowledge and agree that your use of our website is at your own risk and further acknowledge and agree that you
assume all risks.
PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK.
You acknowledge and agree that it is solely your responsibility to determine the risks of using our website. You
acknowledge and agree that your use our website is at your own risk and further acknowledge and agree that you
assume all risks. As with all situations, there are sometimes unknown individual risks and circumstances that can
arise during use of our website which cannot be foreseen, and may influence results.
Our website is for informational and educational purposes only, merely to provide you with education and tools. You
acknowledge and agree that any suggestions or recommendations on our website are to be taken at your own risk,
with no liability on our part. You acknowledge and agree that you are solely responsible for your own actions,
decisions and results based on the use, misuse or non-use of our website.
YOUR RIGHT TO CONSULT A LAWYER.
You explicitly acknowledge and agree that you have the right to consult an attorney before visiting and using our
website, purchasing our services, or agreeing to be bound by this Disclaimer.
WARRANTIES.
WE MAKE NO WARRANTIES REGARDING OUR WEBSITE OR ITS CONTENT. YOU ACKNOWLEDGE AND
AGREE THAT OUR WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT
WARRANT THAT THE WEBSITE OR ITS CONTENT WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT,
COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART
OF THE WEBSITE OR CONTENT ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
SHOULD YOU CHOOSE TO USE OUR WEBSITE OR PURCHASE OUR SERVICES, You acknowledge and agree
that YOUR DECISION IS VOLUNTARY AND WE MAKE NO GUARANTEES OR WARRANTIES, EXPRESS OR
IMPLIED, REGARDING THEIR SPECIFIC APPLICABILITY TO YOUR HEALTH, YOUR BUSINESS, YOUR
FINANCES, OR YOUR LIFE, AND YOU AGREE TO HOLD US HARMLESS FROM ANY DIRECT OR INDIRECT
DAMAGES OR HARM AS A RESULT OF YOUR CHOICE TO PURCHASE AND USE SUCH SERVICES AND THE
INFORMATION CONTAINED IN THEM, AND YOU HEREBY RELEASE US FROM ANY AND ALL CLAIMS
RELATING TO SUCH USE WHETHER KNOWN NOW OR DISCOVERED IN THE FUTURE. YOU ACKNOWLEDGE
AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY RESULT FROM YOUR USE OF OUR CONTENT,
INCLUDING YOUR MENTAL, PHYSICAL OR FINANCIAL HEALTH, AND WE ARE NOT LIABLE FOR ANY
DAMAGES OR LOSSES INCURRED AS A RESULT OF YOUR USE OR RELIANCE ON OUR CONTENT. YOU
ALSO AGREE TO HOLD US HARMLESS FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT THAT MAY
RESULT FROM ANY USE OR RELIANCE ON OUR WEBSITE OR ITS CONTENT AND YOU HEREBY RELEASE
US FROM ANY AND ALL CLAIMS RELATING TO SUCH USE WHETHER KNOWN NOW OR DISCOVERED IN
THE FUTURE.
ERRORS AND OMISSIONS.
We strive to include the most up-to-date and accurate information on our website. However, because scientific,
technology, law and business practices are always changing, we cannot guarantee the accuracy of our website. You
acknowledge and agree that information contained on our website may inadvertently include inaccuracies, errors or
omissions and we are not liable in any way for any damages that are a direct or indirect result of these inaccuracies,
errors or omissions.
FORCE MAJEURE
We shall not be liable for any costs or damages due to delay or nonperformance of this Agreement due to a Force
Majeure, including acts of God, acts of people, government imposed restrictions and safely measures, quarantines,
travel suspensions, and any other event beyond our control, whether foreseen or unforeseen.
LIMITATION OF LIABILITY.
You expressly agree that Bergamot Kitchen and Ashleigh Retzloff will not be liable to you,
or to any other individual, company or entity, for any type of harm, injury or damages, including direct, indirect,
special, incidental, equitable or consequential loss or damages, resulting from or perceived to result from the use or
non-use of, reliance on or inability to use our website.
You acknowledge and agree that we are not liable or responsible in any way for accidents, delays, injuries, harm,
loss, damage, death, physical or mental condition, loss of profits, revenues, clients, income, anticipated income,
projected income or sales, personal or business interruptions, misapplication of information, loss of data, computer
failures, computer viruses, technical problems, defects, or delays, loss of goodwill, wasted time or any other loss or
damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if
foreseeable due to any act or default by us or anyone acting as our agent, consultant, affiliate, joint venture partner,
employee, shareholder, director, staff, team member, or otherwise affiliated with our website.
To the fullest extent of the law, we expressly exclude liability for any damages, losses or injuries you incur in
connection with our website. In the states that do not allow the exclusion or limitation of liability for damages, our
liability is limited to the fullest possible extent permitted by law. In no event shall <insert your business name>’s
cumulative liability to you for all damages, losses or causes of action exceed the total purchase price from us, and if
no purchase has been made by you, in no event shall Bergamot Kitchen’s cumulative liability to you for all
damages, losses or causes of action exceed one hundred dollars ($100).
By using our website, you expressly agree to absolve Bergamot Kitchen and Ashleigh Retzloff of any liability or loss that you or any other person may incur from the use or non-use of our website. You
further agree to absolve anyone acting as an agent, consultant, affiliate, joint venture partner, employee, shareholder,
director, staff, team member, or anyone otherwise affiliated with our business in any way of any liability for any loss,
damage or injury that you or any other person may incur as a result of the use or non-use, whether direct or indirect
of our website.
You expressly agree not to make any claims against Bergamot Kitchen and Ashleigh Retzloff.
By accessing and using our website, you agree to this limitation of liability and release Bergamot Kitchen and Ashleigh Retzloff from any and all claims.
INDEMNIFICATION.
You agree at all times to indemnify, defend and hold harmless Bergamot Kitchen as well as our
affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors,
transferees, assignees, licensees or any other party associated with us, from and against any and all losses,
damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and
causes of action, including, without limitation, attorneys’ fees and expenses, arising out of or related to our website, or
any breach by you of any obligation, warranty, representation or covenant in this Disclaimer or in any other
agreement with us. You acknowledge and agree that you will provide us with such assistance, without charge, as we
may request in connection with any such defense, including, without limitation, providing us with such information,
documents, records and reasonable access to you, as we deem necessary. You agree to cooperate fully and
reasonably as required by us, in the defense of any claim. Notwithstanding the foregoing, we retain the right to settle,
compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action which are brought
against us. You agree not to settle any third party claim or waive any defense without our prior written consent.
SEVERABILITY.
If any term, provision, covenant, or condition of this Disclaimer is construed to be invalid, void, or unenforceable
under applicable law, the other provisions of this Disclaimer shall remain in full force and effect, and shall in no way
be affected, impaired, or invalidated.
If any provision of this Disclaimer is found to be unenforceable, the other provisions shall in no way be affected.
CHANGES TO THIS DISCLAIMER.
We reserve the right, at our sole discretion to change, modify or otherwise alter this Disclaimer at any time. You
acknowledge and agree that the burden is solely yours to routinely check this Disclaimer for updates. Such changes
will be in effect immediately after being posted on this page. You acknowledge and agree that your continued use of
this website after we post any modifications to this Disclaimer will establish your acknowledgment of the modifications
and your consent to them, whether or not you have read them. We will notify you of any changes by posting them on
this page. Please review this Disclaimer periodically to keep informed of its terms.
If you have any questions regarding this Disclaimer, please contact us at bergamotkitchen.com.