Terms of Use (the “Terms of Use”) of Faraj-Ardura Consulting, LLC DBA Nutrition Counseling Academy (the “Company”, “we”, “us”, or “our”).
These Terms of Use apply to any course, programs, or product offered by the Company and purchased by you (collectively, “Courses, Programs, Memberships, and/or Products”).
Throughout these Terms of Use, any references to “you” shall refer to you as the customer. By using, downloading, accessing, purchasing, or viewing any of our Courses, Programs, Memberships, and/or Products, you represent and warrant that you are at least 18 years of age. If you are not at least 18 years of age or do not agree to the Terms of Use, you are instructed to refrain from purchasing the Courses, Programs, and or Products and discontinue any use of the Courses, Programs, Memberships, and/or Products.
By purchasing the Courses, Programs, Memberships, and/or Products, you voluntarily agree to these Terms of Use, including without limitation, section entitled Dispute Resolution; Arbitration; Waiver of Jury Trial, which provides for binding arbitration and in which you voluntarily waive your right to jury trial.
1) Rules of Conduct. Your use of, download of, accessing of, purchase of, or viewing of any Courses, Programs, Memberships, and/or Products constitutes your acknowledgement and agreement that you will refrain from doing any of the following:
a. Posting, or providing in any other way, offers relating to your own content, products or services, spam mail, or any other communication that is offensive, disparaging, harassing, obscene, or discriminatory to us or any of our other members, users or viewers;
b. Allowing anyone other than you to use your login information or access your account with us to in any way access or use any of our Courses, Programs, Memberships, and/or Products, including family members, friends, and colleagues;
c. Posting, or providing in any other way, materials, graphics, photographs, or content that is otherwise copyrighted or which would in any other way infringe on the intellectual property rights of any other person, in any of our member forums or groups associated with our Courses, Programs, Memberships, and/or Products;
d. Transmitting, sharing, trading, distributing, copying, stealing, or re-selling any of our Courses, Programs, Memberships, and/or Products with any other person who has not purchased such Courses, Programs, Memberships, and/or Products on their own, including sharing this program with your friends or family;
e. Failing to protect your password and/or username associated with any Courses, Programs, Memberships, and/or Products you use, download, access, purchase, or view;
f. Creating an account under a name other than your own or in any other way using our Courses, Programs, Memberships, and/or Products in a manner that is deceptive, illegal or in contravention of these Terms of Use, our Terms and Conditions, our Privacy Policy, or our Disclaimer;
g. Transmitting, downloading, accessing, posting, or sharing any of our Courses, Programs, Memberships, and/or Products in a manner that infringes on our intellectual property rights as outlined in the section entitled Intellectual Property Rights; Limited License.
2) Intellectual Property Rights; Limited License.
a. You acknowledge and agree that the Company has invested a considerable amount of time, effort, dedication, and money in researching, creating, and preparing our Courses, Programs, Memberships, and/or Products. Our Courses, Programs, Memberships, and/or Products, including, but not limited to, the appearance and design of our Courses, Programs, Memberships, and/or Products, are protected under federal intellectual property laws. All intellectual property rights, including copyrights, patents, inventions (whether patentable or not), trademarks (under common law or federally registered), trade secrets, know-how and other confidential information, associated therewith, derivative works, original works, and all other rights (collectively, “Intellectual Property Rights”) in and to all Courses, Programs, Memberships, and/or Products are owned by the Company. We are very cognizant of protecting our Intellectual Property Rights. We will pursue any infringements on, or violations of, our intellectual property rights to the fullest extent permitted by applicable law and reserve the right to terminate your access to any of our Courses, Programs, Memberships, and/or Products, without any refunds, if we become aware of any infringement or suspected infringement on our Intellectual Property Rights.
b. The Company grants you a limited license to use any Content, Programs, Services, Offerings, and/or Product that you download, access, purchase, or opt-in for on a revocable, non-exclusive, non-transferable, non-sublicensable, perpetual basis to the extent necessary to allow you to make reasonable non-commercial use of the applicable Courses, Programs, Memberships, and/or Products for your personal use, subject to these Terms of Use.
c. By using, downloading, accessing, purchasing, or viewing any of our Courses, Programs, Memberships, and/or Products and/or our Additional Channels (as defined in the section entitled Technology Disclaimer, you may at times have the opportunity to post information, testimonials, comments, graphics, photographs, videos, or any other content on any of our Additional Channels (as defined below) or otherwise submit any information, testimonials, comments, graphics, photographs, videos, or other content to us via a form available on this Website. You acknowledge and agree that you are the owner of any such information, testimonials, comments, graphics, photographs, videos, or any other content, and you grant us an irrevocable, perpetual and unlimited license to use any such information, testimonials, comments, graphics, photographs, videos, or other content in our Courses, Programs, Memberships, and/or Products and/or our Additional Channels for any legitimate business purpose. We can determine in our discretion whether to identify you as the creator or author of any such information, testimonials, comments, graphics, photographs, videos, or any other content, provided, that if we do identify you as the creator or author, you hereby authorize to use your social media handle, account name, screen name or other identifier you used when posting such content through any of our Courses, Programs, Memberships, and/or Products and/or our Additional Channels.
3) Requesting Our Consent to Use Our Content.
Should you wish to share, disseminate in any way, or use for other than personal reasons, any of our Courses, Programs, Memberships, and/or Products other than as outlined herein, you must first contact us at hello@nutritioncounselingacademy.com and receive our written approval. You may not in any way suggest that you are associated or affiliated with the Company. If we do not provide our prior written consent to allow you to share, disseminate in any way, or use for other than personal reasons, any of our Courses, Programs, Memberships, and/or Products other than as outlined herein, you are prohibited from doing so.
4) Outcomes Disclaimer.
a. Our Courses, Programs, Memberships, and/or Products are solely for educational and informational use as a self-help tool and are not intended to be professional accounting, financial, legal, mental health, career, or business advice of any kind, as may be applicable.
b. While our Courses, Programs, Memberships, and/or Products may contain examples of past users’, clients’, or customers’ testimonials of client retention or increases or growth in earnings, income, sales, or compensation, it should never be assumed that such results are typical or are achievable by you. We make no representations, warranties, or guarantees regarding any expectation of certain earnings, income, sales, or compensation or increases or growth in earnings, income, sales, or compensation and you accept the risk that you may not see similar, if any, results. You acknowledge and agree that the Company is not responsible or liable for any success or failure of your business or personal endeavors incurred due to your use, downloading of, accessing of, purchase of, or viewing of any of our Courses, Programs, Memberships, and/or Products.
c. We recommend to always speak with a licensed financial advisor, accountant, and legal advisor and/or mental health professional or therapist, as may be applicable, prior to making any changes to your business activities, career, or personal situation. We are not trained or licensed to, and do not, offer professional financial, accounting, legal, mental health, or career advice and none of the Courses, Programs, Memberships, and/or Products should be taken as such. We are not a substitute for a licensed financial advisor, accountant, legal advisor, mental health professional, or therapist, and the Courses, Programs, Memberships, and/or Products are not a substitute for medical advice, counseling, psychotherapy, psychoanalysis, or mental healthcare. Your use of, download of, accessing of, purchase of, or viewing of any Courses, Programs, Memberships, and/or Products constitutes your acknowledgement and agreement that our Courses, Programs, Memberships, and/or Products do not constitute professional financial, accounting, legal, career, medical, or mental health advice and they do not involve the diagnosis or treatment of medical or mental disorders. Furthermore, you are not to delay or forego seeking professional financial, accounting, legal, mental health, or career advice because of any Courses, Programs, Memberships, and/or Products.
5) Technology Disclaimer.
Although we strive to provide you with uninterrupted access to our Courses, Programs, Memberships, and/or Products and any private or public member forums, Facebook groups, blogs, and our social media channels (such forums, groups and channels, our “Additional Channels”), there may be periodic outages, scheduled repair or update periods, or other technical issues with our business partners or otherwise that prevents you from using, downloading, accessing, purchasing, or viewing any of our Courses, Programs, Memberships, and/or Products and/or our Additional Channels for a period of time, which may be extensive or otherwise out of our control. You acknowledge and agree that the Company is not responsible or liable for any damages, costs, losses, or refunds in connection with any such interruptions to your access of our Courses, Programs, Memberships, and/or Products and/or our Additional Channels.
6) Termination of Access. If at any time you are in violation of any contractual agreement with us, including these Terms of Use, our Terms and Conditions, or our Privacy Policy in connection with any of our Courses, Programs, Memberships, and/or Products, the Company reserves the right to terminate your access to any and all of our Courses, Programs, Memberships, and/or Products without refund.
7) Third Party Applications.
The Company contracts with third parties for certain functions related to the Courses, Programs, Memberships, and/or Products (“Third Party Applications”) in order to enhance our services and offerings to you, such as hosting the Website, providing access to the Courses, Programs, Memberships, and/or Products, communicating with you via email communication should you opt-in to our mailing list, processing payment information, among other functions. Please see our Privacy Policy for further information regarding the Third Party Applications we use. In connection with using our Website or downloading, receiving access to, purchasing, or viewing Courses, Programs, Memberships, and/or Products, you agree to indemnify the Company and assume any and all risks and liabilities associated with any Third Party Applications involved in connection with your use of, downloading of, accessing of, purchasing of, or viewing of, any of our Courses, Programs, Memberships, and/or Products. You also acknowledge and agree that you shall be bound by the terms and conditions of use applicable to any such Third Party Applications.
8) Errors and Omissions.
Although we have spent a significant amount of time and effort researching and creating the information in our Courses, Programs, Memberships, and/or Products, we cannot make any representation, guarantee or warranty that such Courses, Programs, Memberships, and/or Products are free from errors or omissions in fact, are applicable to your situation, or are reliable, complete and up-to-date. You acknowledge and agree that the Company is not responsible or liable for losses or damages incurred due to any such errors and omissions that may be contained in our Courses, Programs, Memberships, and/or Products.
9) Testimonials; Claims of Results. Our Courses, Programs, Memberships, and/or Products may feature testimonials from actual past or current customers, clients, users, or followers to provide information on, and examples of, experiences others have had with our Courses, Programs, Memberships, and/or Products. These customers, clients, users, and followers have different businesses and goals than you and results will be very individualized. You must always consider your personal situation, use common sense, and consult with your licensed financial, accounting, and legal advisors, or mental health professional or therapist, as may be applicable, prior to incorporating any changes based on any of our Courses, Programs, Memberships, and/or Products. You acknowledge and agree that the results of any Courses, Programs, Memberships, and/or Products as described in a testimonial are not typical, are for illustrative purposes only, and cannot be guaranteed or assumed to be achievable through your use, download, viewing, or purchase of, or access to, any of our Courses, Programs, Memberships, and/or Products.
10) NO WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, RELATED TO OUR COURSES, PROGRAMS, MEMBERSHIPS, AND/OR PRODUCTS AND ALL OTHER WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED. OUR COURSES, MEMBERSHIPS, AND/OR PRODUCTS ARE TO BE TAKEN “AS IS” AND AT YOUR OWN RISK.
11) Our Refund Policy.
We strive to provide high quality Courses, Programs, and/or Products and your satisfaction is important to us. In the event you are unsatisfied with the Courses, Programs, Memberships, and/or Products for any reason, please contact our team at [email protected] within 7 days of the date of purchase with the refund request. In your request, please provide proof of the coursework or program work you completed and a detailed reason for your refund request. Eligibility for refund will be determined in the Company’s sole discretion.
Any and all of our membership offerings are charged on a monthly or annual basis. No refunds for membership fees will be available; however, you may cancel your membership for the next membership cycle by following the cancellation policy outlined in the terms and conditions of use of such membership program or by contacting hello@nutritioncounselingacademy.com at least ten (10) days prior to the scheduled date of charge.
12) Our Payment Plan Policy. You acknowledge and agree that if you determine to utilize any payment plan with respect to your purchase of any of our Courses, Programs, Memberships, and/or Products, the Company, as well as any Third Party Applications that process payment with respect to any of our Courses, Programs, Memberships, and/or Products, shall process payment on your credit card automatically without any additional consent required from you in accordance with the terms of the payment plan as described at checkout.
13)Our Payment Collection Policy. If you at any time fail to timely pay any payments owed to us in connection with your purchase of any Courses, Programs, Memberships, and/or Products pursuant to the terms of check-out, you will be responsible for the payment of all actual costs reasonably incurred by the Company related to collection, including any attorney’s fees, and the Company shall have the right to charge interest on any past due amounts up to the maximum rate allowed by law. If you fail to timely pay the Company, then we will have the option to suspend provision of any access you have to any of our Courses, Programs, Memberships, and/or Products, and pursue any other legal remedies available to us at law, including the option to send any past due amounts to a collections agency to pursue payment.
14) Chargebacks. We strive to provide high quality informational content to our customers, clients, users, and followers, and we ask that you please be considerate of the time, effort, dedication, and money we have invested in researching, creating, and preparing our Courses, Programs, Memberships, and/or Products. As such, you agree to use your best efforts to achieve a refund of any refundable Courses, Programs, Memberships, and/or Products through us directly prior to initiating any chargeback request with your financial institution or credit card issuer. Should you initiate such a chargeback request, you hereby irrevocably agree to relinquish access to the Courses, Programs, Memberships, and/or Products in question, including any and all content (including content previously downloaded or copied), videos, training sessions, workbooks, handouts, and access to member forums. We fully intend to dispute fraudulent or unwarranted chargebacks and reserve the right to present the relevant financial institution or credit card issuer proof of your purchase, a description of the materials and content you have received, information regarding how you have accessed such the Courses, Programs, Memberships, and/or Products in question, as well as a copy of these Terms of Use and any additional terms and conditions that may be applicable to the Courses, Programs, Memberships, and/or Products in question, among other things.
15) Limitation of Liability and Assumption of Risk
a. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL HOLD THE COMPANY AND ITS OWNERS, PRINCIPALS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS (COLLECTIVELY, THE “COMPANY GROUP”) HARMLESS FOR ANY AND ALL CLAIMS RELATED TO YOUR DIRECT OR INDIRECT USE OF THE COURSES, PROGRAMS, MEMBERSHIPS, AND/OR PRODUCTS. IN NO EVENT SHALL THE COMPANY GROUP BE LIABLE FOR, AND YOU AGREE TO WAIVE ANY CLAIMS FOR, ANY GENERAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH MAY ARISE FROM YOUR DIRECT OR INDIRECT USE OF THE COURSES, PROGRAMS, MEMBERSHIPS, AND/OR PRODUCTS.
b. YOU ACKNOWLEDGE AND AGREE THAT THERE ARE UNKNOWN INDIVIDUAL CIRCUMSTANCES AND RISKS THAT MAY ARISE IN CONNECTION WITH YOUR DIRECT OR INDIRECT USE OF THE COURSES, PROGRAMS, MEMBERSHIPS, AND/OR PRODUCTS THAT CANNOT BE FORESEEN OR ANTICIPATED AND THAT MAY IMPACT YOUR INDIVIDUAL RESULTS OR THE RESULTS OF YOUR BUSINESS. THE COMPANY GROUP DOES NOT ASSUME LIABILITY FOR, AND YOU ACKNOWLEDGE AND AGREE THAT YOU ACCEPT ALL RISK OF, INJURY, ACCIDENTS, DEATH, PHYSICAL OR MENTAL DISEASE OR CONDITION, LOSS OF PROFITS, LOSS OF CLIENTS, LOSS OF SALES, LOSS OF GOODWILL, LOSS OF DATA, COMPUTER FAILURES, OR ANY OTHER LOSS OR DAMAGES THAT MAY RESULT FROM YOUR DIRECT OR INDIRECT USE OF THE COURSES, PROGRAMS, MEMBERSHIPS, AND/OR PRODUCTS AND ANY RECOMMENDATIONS OR SUGGESTIONS MADE BY THE COMPANY GROUP IN CONNECTION WITH OUR COURSES, PROGRAMS, MEMBERSHIPS, AND/OR PRODUCTS, INCLUDING ANY CLAIMS FOR INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL DAMAGES.
16) Indemnification and Release of Claims.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY GROUP FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, ACTIONS, PENALTIES, FINES, COSTS (INCLUDING ATTORNEY’S FEES) IN ANY WAY ARISING FROM OR RELATED TO YOUR USE OF OUR COURSES, PROGRAMS, MEMBERSHIPS, AND/OR PRODUCTS.
17) Applicable Law; Jurisdiction.
This Agreement shall be governed by the laws of the State of New Hampshire. By using, downloading, accessing, purchasing, or viewing any of our Courses, Programs, Memberships, and/or Products, you irrevocably consent to personal jurisdiction and exclusive venue in the state and/or federal courts, as may be applicable, in Rockingham County, New Hampshire in the event that any dispute concerning our Courses, Programs, Memberships, and/or Products, these Terms of Use, our Terms and Conditions, our Privacy Policy, or our Disclaimer is not subject to binding arbitration.
18) Entire Agreement; Severability. These Terms of Use, together with our Terms and Conditions, Privacy Policy and Disclaimer, constitute the entire agreement between the Company and you with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings and agreements, both written and oral, with respect to this subject matter. If any term or provision of these Terms of Use is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction.
19) Dispute Resolution; Arbitration; Waiver of Jury Trial.
a. Should you have any complaint regarding our Courses, Programs, Memberships, and/or Products or have any other dispute with us, we ask that you first contact us at [email protected] and reasonably cooperate in good faith to find a mutually-agreeable solution.
i. Should we be unable to resolve any such complaint or dispute through good faith negotiations, any and all claims, disputes, or controversies between you, us or our successors or assigns shall exclusively be settled through final, binding, and confidential arbitration AS SUCH, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU VOLUNTARILY WAIVE YOUR RIGHT TO A JURY TRIAL.
ii. Unless otherwise agreed upon by the parties in writing, the arbitration will be conducted before one arbitrator and will be governed by the American Arbitration Association’s Commercial Arbitration Rules. Any arbitration hearings shall be held in Exeter, New Hampshire.
iii. To the fullest extent permitted by applicable law, you and the Company agree to abide by the following rules:
1. The arbitration shall be confidential, and neither you nor the Company may disclose the existence, rules or content of any such arbitration, except as may be required by law or for purposes of enforcement of the arbitration award;
2. The arbitrator may award any individual relief or individual remedies that are permitted by applicable law, provided that your award shall be limited to a return of fees paid to Company and shall not include the ability to recover any consequential, special, indirect, or punitive damages;
3. Subject to the cap in the preceding sentence, the prevailing party shall be entitled to recover its reasonable attorney’s fees, costs, and other expenses; and
4. All claims brought must be made within 1 year from the date of occurrence or you will waive the right to seek any legal action with respect to such claim.
20) Changes to Terms of Use. To the extent that your purchase of any “Courses, Programs, Memberships, and/or Products” allows for continued use and access after the date of purchase, we reserve the right to make changes to these Terms of Use at any time with notice to you. Your continued use of any Courses, Programs, Memberships, and/or Products shall constitute the acceptance of any revisions to the Terms of Use.
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