TERMS OF PARTICIPATION
Please READ carefully. By purchasing METABOLIC MASTERY FOR WOMEN OVER 40, you are agreeing to the following Terms and Conditions as entered into between NUTRITION HER WAY INC. (“Company”, “we”, or “us” or the “Clinic”) and You (“Client” or “You” or “you”).
1.PROGRAM/SERVICE
NUTRITION HER WAY INC (herein referred to as “Company”) agrees to provide “METABOLIC MASTERY FOR WOMEN OVER 40” (herein referred to as “Program”) as identified in an online commerce shopping cart to you. As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
2.PROGRAM AREA
As part of the Program, the Company shall provide the following to Client:
A Password Protected Program Area: The Company shall maintain a Program Area that will include video, templates, checklists, slide decks and other training and support information. You shall have access to this Program Area for 6 months. In the event that Company intends to close the Program Area, it shall provide you with a 30-day notice and the ability to download the core resources contained in the Program Area.
3.POTENTIAL BONUSES
From time to time, the Company will offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to you at the time of your enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the program and they vary depending on specific live and automated promotions throughout the year.
4. PASSWORD PROTECTION
You are responsible for maintaining the confidentiality of the password you use in association with your account and are responsible for all activities that occur under your username and password. You agree to notify the Company immediately of any unauthorized use of your password or account, or any other breach of security. You are encouraged to access the Website from a secure browser and to ensure that you log out of your account at the end of each session. The Company will not be liable for any loss or damage arising from your failure or the failure of the Company to protect your password or other account information.
5. E-MAIL ASSUMPTION OF RISK AND RELEASE OF LIABILITY To provide accessible communication between you and the Clinic, the Clinic offers e-mail communication as a means to communicate with the public and patients. Communications sent by you to the Clinic or to you by the Clinic via e-mail may not be secure and may be accessible by third parties. By using this method of communication, you agree to accept all the risks associated with it and are releasing the clinic of any liabilities from direct or indirect consequences of the use of this method of communication.
6. E-CONSULTATION
During the Program, a variety of platforms for e-consultation are used including Zoom, Practice Better and other platforms that are seen as best fitting your needs and the needs of the Clinic. Each of the platform is a secure platform providing encryption of web communication and is recognized and approved by various regulatory colleges. Although the Company makes every effort to provide a safe platform for you, there are risks and limitations associated with all technology including disruption of service, technical problems, unstable networks that can compromise privacy and security with the potential for unauthorized access. We have no control over the safety and security of platforms on which our sessions are carried out and there is a risk that such platforms can be hacked. By agreeing to engage with us on any platform, you agree to accept these risks. In the event of a technology disruption during a video counselling session, you will be contacted and given an option to either continue the session via phone or end the session earlier than usual.
7. DISCLAIMER
The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Program.
8. SERVICES AND PRODUCTS ASSUMPTION OF RISK AND RELEASE OF LIABILITY
8.1 LARA FRENDJIAN (herein referred to as “Consultant”) is an employee of NUTRITION HER WAY INC. Neither the Consultant nor the Company is a doctor, therapist, registered dietician, or psychotherapist.
8.2 You agree that neither the Consultant nor the Company claims responsibility for your decision to receive services and programs offered by the Company and that you do so at your own risk. By choosing to receive services and programs offered, you assume full responsibility for your choice to use, apply and receive them. Part of the risk involved is relative to your own state of fitness or health (physical, mental or emotional) and it is your sole responsibility to keep the relevant Consultant up to date with your medical history.
8.3 The services and goods provided to you by the judgment made by the practitioners of the Company and which, based upon the facts then known, are in your best interests. Some supplements and exercises recommended by the Company have common risks that include but are not limited to drowsiness, pain, soreness of the muscle. However, these treatments have been shown to be relatively safe. You should also inform the Company of any pacemakers and other electrical implants, anticoagulants or any other medications, damaged heart valves, particular risk of infection, possibility of pregnancy and bleeding disorders that may affect you.
8.4 You do now and forever release and discharge and hereby hold harmless the Company and its respective agents, heirs, assigns, contractors, employees from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected with your participation including any injuries resulting there from your purchase of METABOLIC MASTERY FOR WOMEN OVER 40.
9. FEES
In consideration of Your access to the Program, you agree to pay the following fees.
You may choose between a single payment or 6 monthly payments. If you elect to pay for this course in full, you can pay in one payment. If you select the payment plan, you must pay the initial payment today and then your selected payment method will be automatically charged the following 5 payments on a monthly basis, for a total payment. If you opt for monthly payments, you will remain responsible for those payments. You may not cancel or avoid these payments. In the event that any payment is not made, the Company shall immediately suspend your access to the Program until your account is paid up to date. Any amount due past 30 days will be handed off to a debt collector.
10. METHODS OF PAYMENT
If You elect for the payment plan, You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.
11. NO REFUNDS
There will be no refunds for this course, for any reason.
12. SECURITY AND CONFIDENTIALITY
The transmission of data or information over the Internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. The Company cannot guarantee the security of any communication to or from the Website and does not assume any liability for any damage you may experience that incurs as a result of any electronic transmissions over the internet or other forms of networks. It is your responsibility to take reasonable and appropriate precautions to ensure compatibility of any website visited with your specific computer, mobile or other device. The Company does not assume any responsibility or risk for the individual’s use of the internet.
The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information.
Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participant to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than the Company, it’s owners and employees, and other Program participants.
13. NO TRANSFER OF INTELLECTUAL PROPERTY
All content included as part of the Program, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
13.1 The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.
13.2 Your participation in the Program does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Program, You agree to observe and abide by all copyright and other intellectual property protection.
13.3 You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program.
13.4 The Company content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.
13.5 You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
14. RELATIONSHIP
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide you with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
15. FORCE MAJEURE
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
16. SEVERABILITY
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
17. MISCELLANEOUS
You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.
17.1 The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. The Company and/or its suppliers may make improvements and/or changes in the Program at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
17.2 To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program.
18. NON-DISPARAGEMENT
The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
19. NO ASSIGNMENT
Client may not assign this Agreement.
20. MODIFICATION
Company may modify terms of this agreement at any time. All modifications shall be posted on the course’s website and purchasers shall be notified.
21. TERMINATION
The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, if You become disruptive to the Company or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
22. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
23. RESOLUTION OF DISPUTES
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the province or federal courts that are geographically nearest to Toronto, ON and you hereby irrevocably attorn to the courts of Ontario, Canada
24. NO GUARANTEES
While the Program is designed to support your health and weight loss goals, individual results may vary. Although many clients experience improvements in their overall well-being and successfully lose weight, I cannot guarantee specific results. Your outcomes will depend on your commitment to following the program’s recommendations, including lifestyle changes, dietary adjustments, and other guidelines. Please note that results are influenced by various factors outside my control, and no guarantees are made regarding the specific changes you will experience.
If you do not understand or agree with any of these conditions, please do not order this material. If you require further clarification, please contact [email protected].