Terms and Conditions
TERMS AND CONDITIONS
This Agreement is being made between Michelle Shapiro Nutrition LLC of 100 Park Avenue, Fort Lee, NJ 07024 (“Coach” or “me”) and (“Participant” or “you”). We both legally agree to the following:
- Program Description.
You are purchasing our workout and nutrition program called Just Start Somewhere (“Program”). As part of this Program, you will receive:
- Workout and nutrition ebook that may be accessed through email
- Assessments, handouts, bonus and resources that accompany the program
- Expectations and Responsibilities.
As the provider of the workout and nutrition program, I will:
- Offer a comprehensive and well-structured guide that covers workout routines and general nutritional recommendations.
- Provide clear instructions and guidelines for maximizing the effectiveness of the program.
As a participant, you agree to:
- Approach the program with dedication and commitment, giving your best effort to follow the workout and nutrition guidelines provided.
- Complete all action steps and recommendations outlined in the guide to achieve optimal results.
- Promptly complete the payment for the purchase of the workout and nutrition guide.
- Maintain an open mind and willingness to try new ideas and approaches suggested in the guide.
- Seek clarification or ask questions about the program as needed.
- Investment and Payment.
Investment: You agree that you are financially willing and able to invest in this Program by choice, and that by so doing, you are not incurring any economic hardship in any way.
Payment Authorization and Receipt: If paying by PayPal, debit card, or credit card, you give us permission to automatically charge your credit card or debit card as payment for your Program without any additional authorization, and you will receive an electronic receipt. If I choose to provide you with a Paypal invoice instead, you are required to manually pay it by the date due on the invoice or your Program will be put on hold until payment is made. Please note that chargebacks are not permitted and you are agreeing that upon enrollment and by participating in this Program for any length of time, you will make payment in full.
Refund Policy: It is my intention for you to be happy with your Program. However, because I have invested considerable time and effort in your “Just Start Somewhere Program”, and because you receive the entirety of it upon payment, if you decide to withdraw at any time for any reason, no refunds will be provided.
- Intellectual Property Rights.
Your Work Product. I acknowledge that you hold all intellectual property rights in any of your work product resulting from participation in the Program, including but not limited to copyright and trademark rights as business ideas or content. I agree not to claim any such ownership in your work product or intellectual property at any time.
My Intellectual Property Rights. I retain all ownership and intellectual property rights to the Program content and all materials provided to you through the Program, including all copyrights and any trademarks belonging to me. The Program content and materials are being provided to you for your individual use only and with a single-user license which means that you are not allowed or authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the Program or Program materials, electronically or otherwise, for business or commercial use, or in any other way that earns you money, without my prior written permission.
- Personal Responsibility, Disclaimer & Release of Claims.
Personal Responsibility & Assumption of Risk: You acknowledge that you take full responsibility for yourself and all decisions made before, during and after your Program and you knowingly assume all of the risks of the Program related to your use, misuse, or non-use of the Program or any of the Program content or materials. You agree to: (1) be mindful of your own well-being during the course of this Program, (2) recognize that you are solely responsible for your results. The Coach shall not be held liable for any injuries, damages, or losses that may arise from participating in the Program, except in cases of gross negligence or intentional misconduct.
Disclaimer: I have used care in preparing the information provided to you, but this Program and my Program materials are being provided as self-help tools for your own use and for informational and educational purposes only. There are many factors that influence results, so no guarantees can be made as to the results you will experience through this Program. You agree that I am not responsible for your physical, mental, emotional and spiritual health, for your financial earnings or losses, or for any other result or outcome that you may experience through this Program. Nothing related to this Program is intended to be considered medical, health, legal, financial, or religious advice in any way. For specific questions related to a medical or health situation, consult your own medical or mental health professional. For specific questions related to your financial, legal or tax situation, consult your own attorney, accountant, and/or financial advisor. Do not start or stop taking any medications because of anything you have read or received through this Program. Any recommendation of any specific programs, products or actions are simply offered for educational purposes, and you need to check with your own medical professional before using any of these programs, products or taking any actions that may affect your body or your health in any way.
The fitness portion of the "Just Start Somewhere" ebook is intended to provide general information and guidance for individuals interested in improving their fitness levels. However, it is important to note that engaging in any exercise program carries inherent risks. Before beginning this or any other fitness program, it is strongly recommended that you consult with a qualified healthcare professional or certified personal trainer. They can assess your individual fitness level, evaluate any underlying health conditions, and provide personalized recommendations. The exercises and workouts outlined in this ebook are meant to be performed with proper form and technique. It is crucial to listen to your body, exercise within your own limitations, and make adjustments as necessary. By participating in the fitness program outlined in this ebook, you acknowledge and assume all risks associated with exercise and agree to release the authors, contributors, and publishers from any and all liability for any injuries or damages resulting from your participation. Always prioritize your safety and well-being, and seek professional guidance when needed.
Limitation of Liability, Indemnification, and Release of Claims: I will not be held responsible in any way for the information that you request or receive through this Program, including my services, products, and Program materials and any other information you have received from or through me related to this Program to the fullest extent permitted by law. You agree that you fully and completely hold harmless, indemnify and release me from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, that you ever had, now have or may have against me in the future that may arise from your participation in the Program, including all services, products, and Program materials, to the extent permitted by applicable law. You agree to hold me free of all liability and responsibility for any actions or results for adverse situations created as a direct or indirect result of specific information or recommendations that you receive through this Program.
- Other Important Terms.
Notice: All correspondence or notice required regarding the Program shall be made to each of us at the respective e-mail addresses in the signature block below. Should your e-mail address, billing or contact information change at any time throughout the Program, it is your responsibility to provide your updated information to me within 3 days of any change.
Force Majeure: In the event that any cause beyond my reasonable control, including, without limitations, “acts of God”/nature, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisories, labor strikes or civil disturbances, unforeseen or foreseen human-initiated circumstances, health or travel restrictions, quarantines, lockdowns or precautions imposed by any government entity or agency, local, state or federal law or ordinance, or other instances, make it inadvisable, illegal, or impossible for me to perform my responsibilities or obligations under this Agreement, either because of unreasonable increased costs or the risk of injury, I will not be liable for a reasonable period of delay or for the inability to indefinitely fulfill my responsibilities and obligations.
Entire Agreement, Assignment, Survivability and Waiver: This Agreement contains our entire agreement. This Agreement may be modified or amended at any time so long as the amendment is in writing and signed by both of us. You may not assign your rights or obligations under this Agreement to anyone else, and the obligations under this Agreement shall survive indefinitely unless otherwise stated in this Agreement. If I choose to waive or not enforce one or more terms of this Agreement, it does not in any way limit my right to later enforce every part of this Agreement. If any section of this Agreement is found to be unenforceable, all other sections shall be held in full force and effect.
Governing Law: This Agreement shall be construed according to the laws of the County of Bergen and in the State of New Jersey.
Dispute Resolution: Should we ever have any differences, it is hoped that we could work them out amiably through e-mail correspondence. However, if we are unable to seek resolution in 14 days, we agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, jointly selected by both of us, unless we both agree otherwise in writing. You understand and agree now that the only remedy that can be awarded to you through arbitration is the full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction. You also agree that should arbitration take place, it will be held in the County of Bergen in the State of New Jersey where my principal place of business is located, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
Non-Disparagement: You agree to not publicly or privately make any negative or critical comments about the Program, my business or me, or to communicate with any other individual, company or entity in a way that disparages the Program or harms my reputation in any way, including on social media at any time. In arbitration or when required by law, of course, you are not prohibited from publicly sharing your thoughts and opinions.
By signing this Agreement, we both acknowledge that we have read, understand, agree to and accept all of the terms in this Agreement. Electronic signatures of this Agreement are permitted and enforceable. You agree that you have had the opportunity to ask me any questions prior to signing, and your signature indicates that you agree with all of the terms of this Agreement.
Name: Michelle Shapiro
E-mail: [email protected]