METABOLISM MAKEOVER SITE TERMS OF USE:

By checking the box next to this Terms of Use, and clicking the “Purchase” button, you, the purchaser of the June Telegram Program (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.

This purchase does not include any private coaching, additional programs, membership, and/or resources.

If Client voluntarily chooses to upgrade into Metabolism Makeover, client also agrees to the following terms below:

By checking the box next to this Terms of Use, and clicking the “Purchase” button, you, the purchaser of the “M3” Membership, outlined below (hereinafter “Client”) agree and willingly purchase entry into this Membership 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, inclusive of the following terms and conditions mutually agreed upon:

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confirmed by all parties, Client is voluntarily electing to purchase access to Coach’s 30-day Metabolism Makeover course and auto-enrollment into the “M3” Membership. In exchange, Coach agrees to provide the services outlined in the Membership Details below, and Membership Outline Addendum attached hereto.

Membership Outline:

Client agrees and understands that he/she is purchasing access to the 30-day Metabolism Makeover, followed by auto-enrollment into the M3 Membership Site (hereinafter collectively “Membership”), where Client will have access to M3 educational resources.

Membership is completely virtual, all modules are pre-recorded, and it is designed to educate Client about Coach’s philosophies on metabolism, healthy diet and exercise, and relevant components.

Client acknowledges that he/she has read the Membership Outline Addendum and conducted any additional research necessary to feel he/she understands what is being provided in Metabolism Makeover as well as what is not included. 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.

Membership is 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. Membership 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, Membership 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 in the Membership Outline Addendum.

Confidentiality
Following Client’s participation in the 30-day program and enrollment into Membership, 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 in the Membership. Client agrees not to share, copy, or distribute any documents or other proprietary information obtained through Membership, 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 Membership, Client understands additional action may be taken by Coach up to and including legal action.

Payment and Payment Plans
Client understands the cost of the Membership is a one-time payment of three hundred ninety-seven U.S. dollars ($397) for access to the 30-Day Metabolism Makeover course, followed by monthly, automatic payments of fifty-nine U.S. dollars ($59) that will be deducted monthly in accordance with the Auto-Renewal Terms outlined below in Paragraph four (4), until cancelled as outlined below. Client understands he/she is responsible for the full payment each month, and agrees to pay the sum requested electronically, via Coach’s website or designated third-party payment processor, in full each month.
Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands: (1) Client’s access to Membership Site may be forfeited if payment is not made within 10 days of the date it is due.
Coach reserves the right to cancel Client’s access to Membership Site should he/she fail to make additional payments in accordance with the Auto-Renewal Terms as outlined below. Should this occur, Client understands she is not entitled to a refund of funds already issued to Coach for access to Membership Site.

Black Friday Weekend Promotion Only
M3 6 Month Subscription: Client understands the cost of the Black Friday promotion Membership is a payment of two hundred ninety nine U.S. dollars ($299) for 6 month access to the Metabolism Makeover Momentum Membership, followed by monthly, automatic payments of fifty-nine U.S. dollars ($59) that will be deducted monthly in accordance with the Auto-Renewal Terms outlined below in Paragraph four (4), until cancelled as outlined below. Client understands he/she is responsible for the full payment each month, and agrees to pay the sum requested electronically, via Coach’s website or designated third-party payment processor, in full each month.
M3 12 Month Subscription: Client understands the cost of the Black Friday promotion Membership is a payment of five hundred ninety nine U.S. dollars ($599) for 12 month access to the Metabolism Makeover Momentum Membership, followed by monthly, automatic payments of fifty-nine U.S. dollars ($59) that will be deducted monthly in accordance with the Auto-Renewal Terms outlined below in Paragraph four (4), until cancelled as outlined below. Client understands he/she is responsible for the full payment each month, and agrees to pay the sum requested electronically, via Coach’s website or designated third-party payment processor, in full each month.

Auto-Renewal Agreement
Client understands and agrees that continued access to Membership Site requires recurring monthly payments of $59, that will be made by Client on the same date of each month on which Client purchased access to Membership Site. By purchasing access to Membership Site, and agreeing to these Terms of Use, Client understands he/she will be automatically charged each month via the same card or manner in which the initial payment was made, for the following month of membership to Membership Site. This process will repeat each month unless and until Client properly cancels his or her membership.
CANCELATION POLICY: If Client wishes to cancel his or her membership, Client must do so more than 24 hours before the charge is scheduled to withdraw. Any requests for cancelation made less than 24 hours before the automatic renewal is scheduled to charge Client’s card, or made subsequent to the charge, will take effect the following month.
HOW TO CANCEL: In order to cancel a membership, Client must send an e-mail to support@thenutritionaddiction.com with the subject line MEMBERSHIP CANCELATION, including the Client’s name, email address, and confirmation of request to terminate his or her membership. Client will be notified upon Coach’s receipt of email, and his or her membership will subsequently be canceled prior to the following billing period, assuming it is more than 24 hours away.

As outlined above, if Client cancels his or her membership less than 24 hours before the automatic renewal is scheduled to charge Client’s card, Client acknowledges and agrees he or she will be charged for the next month, and the cancelation will take effect following this. Should this occur, Client will have access to Membership Site for the month in which Client paid, with membership terminating at the end of the last paid month.

IF Client purchased access to Membership Site during a period in which a free month(s), or trial period was granted, Client understands he or she will be automatically charged the full monthly amount following the end of the trial period. Client will not be given any additional notice regarding the end of the trial period, other than the email as outlined above, notifying Client that his or her card will be charged in the near future for the following month.

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 automatic renewal terms, the cancelation policy, and that you understand how to cancel before your card is charged for the following month.

Refund Policy
For Purchase of Metabolism Makeover Course: In order to qualify for a refund, customers must email the Metabolism Makeover team (support@metabolismmakeover.co) within 14 days of purchase.

For Purchase of Metabolism Makeover Momentum (M3) Membership: As Client gains access to the full course upon purchase, and due to the subjective nature of the Membership provided by Coach, as well as Coach’s inability to control Client’s availability, motivation, external forces, financial situation, or level of engagement in Membership, Coach is not able to offer refunds once Client has purchased the Membership. If Client is dissatisfied with his or her membership, he or she may elect to Cancel via the CANCELATION POLICY outlined above in paragraph four (4), and will not be charged for subsequent months.

Client further agrees and understands that changing his/her mind about the Membership Site, failing to follow through or understand the details of the Membership Site, not experiencing the results he/she expected or desired, or experiencing any other similar situations does not entitle her to a refund.

Client further agrees and understands that changing his/her mind about the Membership, failing to follow through or understand the details of the Membership, not having the right technology to view Membership, or not experiencing the results he/she expected or desired does not entitle her to a refund.

Medical Disclaimer – Not Medical or Professional Advice
The purpose and goal of Membership 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. Membership and content contained within the Membership is not to be considered medical advice, and nothing within the Membership is intended to provide or act as a substitute for mental health treatment. Coach is not attempting nor suggesting Client enroll in Membership in place of a personalized consultation with a medical professional in your geographical area.

Membership 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 Membership, 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 Membership will have previously obtained clearance and permission from their applicable personal medical physician and has concluded that the coaching Membership offered is right for them. Nothing contained within Membership 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 in Membership and is solely responsible for any outcomes or results. While Coach believes in her services and that Membership 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 Membership and any results therein.

Disclaimer /No Guarantees
Coach cannot guarantee results of the Membership, and cannot make any representations or guarantees regarding individual results. Client will hold Coach and Membership harmless if he or she does not experience the desired results. Client understands that all services provided by Coach in connection with the Membership 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 Membership and work with Coach on a purely voluntary basis and does not hold Coach or Membership responsible should Client become dissatisfied with Membership.
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 of the Membership, as long as Coach delivers the Membership as described in the Membership Outline Addendum 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 Membership. The content provided by Coach on his/her website and within the Membership 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 Membership, and has no expectation of a specific result that he or she holds Coach responsible for.

Alcohol: Membership includes 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 Membership, if Client is going to consume alcohol anyway. Nothing within Membership or this module is designed to encourage use of alcohol or suggest that consumption is good or bad; the information is contained within Membership as alcohol consumption is a decision many choose to engage in, and Membership 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 Membership. 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 Membership. 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 Membership, 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 Membership for the purpose of achieving a desired health and/or fitness goal through Coach’s Membership. Client confirms he/she is entering into this Membership 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 Membership, 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 Membership 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 Coach’s Membership. 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 Membership, and agrees that Coach maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Membership, 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 of the Membership.

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 in the Membership 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 the Membership, 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 Membership without written permission by Coach;

Post, distribute, copy, steal or otherwise use any portion of the Membership or its content, or information obtained via other members in the group Membership 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 in Membership. 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 Membership is changed. Client will be notified of any material changes made, and his/her continued use of Membership site shall constitute acceptance of these Terms in their most updated form.

MEMBERSHIP OUTLINE ADDENDUM
Once access to the Membership is purchased and all Agreements are complete, Client is to have full and complete access to the entire Metabolism Makeover course and M3 Portal, inclusive of the following videos and information. Client understands and agrees such information is subject to change based upon Coach’s sole desires, and does not hold Coach responsible if the below changes slightly, as long as the value remains. Course includes the following:

Course Modules: Coach will make all four (4) modules available immediately to Client upon purchase, to go through at his/her own pace. These Modules are intended to release proprietary information created by Coach for personal benefit of Client. Client agrees and understands that he/she is not to share, copy, distribute, or otherwise use (other than that which is expressly allowed) the information provided to her as a result of her participation in the Membership.

Weekly Email Check-ins: Client understands he/she is entitled to four (4) weekly email check-ins during the first 30 days of access to the 30-Day Metabolism Makeover. To be eligible for the check-ins, Client will complete the initial intake form, then complete each weekly “check-in” form via email, and receive a response from a certified Metabolism Makeover Coach. Coach is not responsible for email or other technical issues, and will do her best to ensure Client gains access to the links and information available in order to schedule such check-ins and receive these benefits. If Client elects not to complete the forms and participate in the check-ins within the first thirty (30) days, Client will lose access to this benefit, and is not entitled to them later.

Facebook Group Access: Client may also be granted access to a private group on social media organized by Coach as part of the individual coaching package. If granted access, Client agrees to use common sense when posting or responding to others’ in the group, and agrees to refrain from posting any negative or unnecessary comments. Should Client choose to post anything in this Facebook group, Client is agreeing and acknowledging he or she will not post anything that could harm Coach or another user, or include anything defamatory, harmful, hurtful, or otherwise upsetting. Client understands that if he/she makes the decision to post content that constitutes cyber bullying, Client’s comments will be removed immediately, and Coach reserves her right to take action against Client to the full extent of applicable laws.

END OF TERMS