Terms of service
METABOLISM MAKEOVER SITE TERMS OF USE:
By checking the box next to this Terms of Use, and clicking the “Purchase” button, you, the purchaser (hereinafter “Client”) agree and willingly purchase entry into this 1-month program to be provided with services rendered by The Nutrition Addiction LLC, a Georgia Limited Liability Company (hereinafter “Coach”), and you agree you are voluntarily entering into a legally binding Agreement with Coach.
Refund Policy
Refunds are not offered except in extenuating circumstances.
Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on Coach’s website.
Programs iare not to be considered a substitute for medical treatment, medical advice, or mental health treatment. Coach is not able to nor will she provide any sort of medical diagnoses, treatments, medications, or other services that are completed by a medical professional. myDietitian is not designed to treat any mental, emotional, or other medical conditions. If you as the Client believe you may be in need of medical treatment or a diagnosis to relieve a current condition, myDietitian is not right for you. By completing this Agreement, you as the Client confirm you are not looking for medical treatment, understand the difference between coaching and treatment, and do not expect Coach to provide any services other than that outlined below.
Confidentiality
Following Client’s participation in the program and enrollment, Client will have gained access to various trade secrets and personal intellectual property of Coach, including but not limited to materials such as verbal advice, health and wellness education and information personal to Coach, written templates, modules, technical information, and/or other information that may have become available for use through Client’s participation. Client agrees not to share, copy, or distribute any documents or other proprietary information obtained through programs, and agrees that he or she will be in violation of these Terms of Use if he or she uses any of the Content outlined as his/her own material, or repurposes and uses the Content in his/her own coaching business without express written permission of Coach. Client also understands and agrees he/she will not disclose or use any information provided to Client during coaching sessions, discussions, or otherwise. Should Client breach this provision and disclose confidential or proprietary information belonging to Coach or another participating in the myDietitian, Client understands additional action may be taken by Coach up to and including legal action.
Payment
Client understands the cost of the program or product.
By checking the box on the purchase page confirming agreement to these Terms, you as the Client also confirm you are given your unequivocal, clear, affirmative consent to your agreement with these terms.
Client further agrees and understands that changing his/her mind, failing to follow through or understand the details of the purchase, not experiencing the results they expected or desired, or experiencing any other similar situations does not entitle them to a refund.
Medical Disclaimer – Not Medical or Professional Advice
The purpose and goal of myDietitian is to provide Client with basic information and education on Coach’s opinions and experiences as it relates to metabolism, diet, and exercise. Client is paying for Coach’s opinions, education, and information only. myDietitian and content contained within the programs is not to be considered medical advice, and nothing within the the programs is intended to provide or act as a substitute for mental health treatment. Coach is not attempting nor suggesting Client enroll in myDietitian in place of a personalized consultation with a medical professional in your geographical area.
myDietitian includes general suggestions regarding diet choices, food groups, and supplements that may benefit the human body. Such suggestions are not personalized recommendations and do not constitute health or medical advice; please consult a physician, dietician, or other relevant nutritional specialist in your area to discuss whether any such supplements may be right for you. Coach is not responsible for any decision Client may make to take or not take a supplement or diet tip mentioned within myDietitian, and Client understands any decision to add supplements or make other diet changes is completely voluntary and the sole decision of Coach. Client understands Coach is not responsible for any such decision by Client to follow or not follow the information and guidance suggested herein, and that Client is responsible for his/her own actions and decisions with respect to such supplement and diet choices.
Coach encourages Client to consult a physician if he/she suspects he/she may benefit from such services. We will assume that all individuals choosing to purchase from myDietitian will have previously obtained clearance and permission from their applicable personal medical physician and has concluded that the coaching offered is right for them. Nothing contained within myDietitian is intended to diagnose, cure, treat, or prevent any medical condition or disease, nor is it to be considered medical advice in any capacity.
Voluntary Participation
Client understands and agrees that he/she is voluntarily choosing to enroll and is solely responsible for any outcomes or results. While Coach believes in her services and that myDietitian is able to help many people, You acknowledge and agree that The Nutrition Addiction LLC is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health and well-being, including participation in programs and any results therein.
Disclaimer /No Guarantees
Coach cannot guarantee results, and cannot make any representations or guarantees regarding individual results. Client will hold Coach and myDietitian harmless if he or she does not experience the desired results. Client understands that all services provided by Coach in connection with the servince being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase this and work with Coach on a purely voluntary basis and does not hold Coach or myDietitian responsible should Client become dissatisfied with myDietitian.
Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion, as long as Coach delivers the services as described below, or similar substitutes, upon additional agreement by Coach and Client. Client also understands Coach is not a doctor, nurse, lawyer, financial adviser, psychic, licensed therapist, or otherwise, and agrees to hold Coach harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the myDietitian. The content provided by Coach on his/her website and within myDietitian is comprised of information that has worked for Coach and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands Coach cannot guarantee results from this myDietitian, and has no expectation of a specific result that he or she holds Coach responsible for.
Alcohol: myDietitian may include information about consuming alcohol, and Coach provides general information regarding calorie content, the body’s typical response to different types of alcohol, as well as Coach’s personal opinions on when and how to consume certain types of alcohol in order to have the best results with myDietitian, if Client is going to consume alcohol anyway. Nothing within myDietitian or this module is designed to encourage use of alcohol or suggest that consumption is good or bad; the information is contained as alcohol consumption is a decision many choose to engage in, and may provides one view and opinion on how to do that in a way that is the least harmful to one’s body. Should you as the Client choose to consume alcohol, you may or may not choose to follow Coach’s opinion and insight on such consumption. If alcohol is not something you regularly consume or would choose to consume, simply ignore this module and utilize the remaining value in the myDietitian. Client confirms the decision to engage in the consumption of alcohol is completely up to Client, and is in no way being encouraged or suggested by Coach, The Nutrition Addiction LLC, or myDietitian. Client does not hold Coach responsible for such decision to consume alcohol, and any negative reactions or responses to the consumption of alcohol is completely the responsibility of Client; Client does not hold Coach nor The Nutrition Addiction LLC responsible in any way for his/her consumption of alcohol, even if consumed in the way in which it is suggested herein within myDietitian, and Client agrees to hold Coach completely harmless from any such negative responses, reactions, or experiences caused directly or indirectly from alcohol.
Waiver/Assumption of the Risk
Client understands he/she is entering into a program for the purpose of achieving a desired health and/or fitness goal. Client confirms he/she is entering into this program voluntarily and of his/her own free will.
Client certifies he/she has or will be evaluated by his/her personal physician and obtain medical clearance prior to beginning any fitness, exercise, diet, health or wellness-related Membership with Coach. If Client elects not to obtain this medical clearance prior to beginning a program, he/she understands the potential injuries and ramifications of such actions, and agrees not to hold Coach responsible for any such injuries or negative consequences.
Client understands myDietitian may include elements of diet and exercise, which bring inherent risks of illness, injury, or other similar unanticipated consequences. Client agrees he/she is aware of and assuming these risks in order to voluntarily proceed with myDietitian. Should any such incidents occur, Client understands it is of no fault or responsibility of Coach, and agrees Coach is not liable.
Intellectual Property
Client agrees and understands that Coach has created numerous original, creative works in connection with the myDietitian, and agrees that Coach maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in myDietitian, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by Coach. Client agrees she may be granted a limited right to use selected materials in the course of his or her own business, but understands that the original proprietary rights remain with Coach. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Coach to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course.
Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Coach or obtained through working with Coach, without Coach’s express written consent. If such behavior is discovered or suspected, Coach reserves the right to immediately end Client’s participation without refund, as well as access to any Membership or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
Licensee Rights: Coach’s Limited License to Client: Client understands that in purchasing, she/he is gaining access to view all content and information available as part of the Membership, as well as any additional information or content shared with him/her by Coach as she sees fit. Client understands this means he/she will have been granted a limited, revocable, non-transferrable license to read and use the information provided for use in his/her business and life, as instructed or allowed by Coach. As a “Licensee,” Client understands and agrees that Client will not:
Copy, edit, distribute, duplicate or steal any information or any Content obtained through myDietitian without written permission by Coach;
Post, distribute, copy, steal or otherwise use any portion of myDietitian or its content, or information obtained via other members in the group without written permission by Coach, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
Claim any content created by Coach as part of the Membership or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by Coach was Client’s work, and use in his/her business as his/her own.
Share purchased materials, information, content with others who have not purchased them.
Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.
Indemnification
Client agrees at all times to defend, fully indemnify and hold Coach and any affiliates, agents, team members or other party associated with Coach harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s use of Membership, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation. Should Coach be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Coach’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Coach, free of charge.
Dispute Resolution
Should a dispute arise between Coach and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Coach responsible for any specific results, or those results which have been achieved by other clients of Coach.)
If unable to reach a resolution informally, Client and Coach agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Atlanta, Georgia within a reasonable amount of time. Client and Coach agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.
Applicable Law
This Agreement shall be governed by and under control of the laws of Georgia regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of Georgia are to be applicable here.
Amendments
This agreement may be altered, amended, changed, and/or updated with updates in relevant laws, or as myDietitian is changed. Client will be notified of any material changes made, and his/her continued use of myDietitian site shall constitute acceptance of these Terms in their most updated form.
END OF TERMS