The following terms "Terms and Conditions" constitute an agreement between Whole Nutrition By Design DBA BASE6, and you that governs your use of this website/portal and all of its associated services, content, and functionality BASE6 program.
Your use of the Website constitutes your acceptance of, and agreement to, the following Terms and Conditions. _Whole Nutrition By Design DBA baseBASE6 reserves the right to modify, alter, amend or update its Website, policies and these Terms and Conditions. These Terms and Conditions may be modified, altered or updated without prior notice at any time and shall become effective immediately upon being posted. Your continued use of the services or Website after modifications, alterations or changes are made to these Terms and Conditions constitutes an acknowledgment and acceptance of the Terms and Conditions and their modifications. If you do not agree with or do not accept any part of these Terms and Conditions, you must immediately cease all usage of the Website. If you do not comply with these Terms and Conditions at any time, we reserve the right, if applicable, to terminate your password, user account, and/or access to this Website (or any part thereof).
CLIENT INFORMED CONSENT ACKNOWLEDGING RISKS
You understand that a physician’s approval for a nutrition program is recommend prior to[APW1] starting. You are encouraged to continue to visit and to be treated by your healthcare professionals, including, without limitation, a physician. You understand that Whole Nutrition By Design DBA BASE6 is not acting in the capacity of a doctor, licensed dietician-nutritionist, psychologist or other licensed or registered professional. Accordingly, you understand that Whole Nutrition By Design DBA BASE6 is not providing health care, medical, or nutrition therapy services and will not diagnose, treat or cure in any manner whatsoever any disease, condition, or other physical or mental ailment of the human body. You have chosen to work with Whole Nutrition by Design DBA BASE6 and understand that the information received is not to be construed as medical or nursing advice and is not meant to take the place of your medical care and advice from licensed health professionals.
Whole Nutrition by Design DBA BASE6, its contractors and employees will implement the most effective principles to help the participant achieve his or her goals within their scope of practice, but cannot guarantee that its products or workouts will be safe, effective, or suitable for everyone. For that reason, all such products, services, programs, techniques and materials embodied in such products and services, are offered without warranties or guarantees of any kind, expressed or implied, and Whole Nutrition by Design DBA BASE6 and its employees disclaim any liability, loss or damages that may result from their use.
You have read this document in its entirety and agree to adhere to all its precepts, as well as all other terms and conditions of Whole Nutrition by Design DBA BASE6 programs. You understand the risks and benefits of the programs, and any questions you may have had have been answered to your satisfaction. Upon participation, you hereby discharge, release and hold harmless RELEASEES from any and all liability for damage claims or losses of any kind or character whatsoever resulting from any injury or condition you may suffer, or resulting from your participation in Whole Nutrition By Design DBA BASE6 nutrition or fitness programs.
PURCHASE POLICY
You understand that the regular cost of the nutrition program being offered by Whole Nutrition By Design DBA BASE6 then BASE6 – 12 week program is $.1998.00 By enrolling in this program through the Website, you agree to be legally obligated to pay the full amount of this program. After the conclusion of the Program, you will no longer have access to the portal, the Website or the Program materials.
MONEY BACK GUARANTEE: In order to qualify for the money-back guarantee, you must give a good faith effort and fully participate in the entirety of the program. This includes showing up for the coaching calls weekly, corresponding with the coach via text check-ins, doing the lessons, and using your meal plan. If after 12 weeks you have participated as outlined and are not satisfied, request your refund via email to [email protected] outlining the reasons for the request.
Additionally, you may not defer your participation in the program. Your purchase is good only for participation in the round of the program that you purchased.
When signing up for this program, you will use your email and create a password. This will be your login information, and an email will be sent to direct you to the login page. This login information is personal to you only. Sharing your login information is strictly prohibited. [APW2]
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The website and portal were developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the website. Whole Nutrition By Design DBA BASE6 makes no representations, warranties, or guarantees. You understand that results may vary from person to person. Whole Nutrtion By Design DBA BASE6 assumes no responsibility for errors or omissions that may appear in the website.
THE SERVICE/PRODUCT/DIGITAL PRODUCT WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. COMPANY AND/OR ITS AFFILIATES, SUPPLIERS, CONSULTANTS, AGENTS, REPRESENTATIVES, LICENSORS OR PROVIDERS (COLLECTIVELY, “AGENTS”) SPECIFICALLY DISCLAIM ALL WARRANTIES WITH REGARD TO THE SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN THE SERVICE, AND DOES NOT WARRANT THAT THE SERVICE WILL BE SECURE, UNINTERRUPTED, TIMELY, ERROR FREE OR FREE OF BUGS OR VIRUSES. COMPANY IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY LOSSES OR DAMAGE OF ANY KIND. THE USE OF THE SERVICE AND THE INFORMATION PROVIDED BY MEANS OF THE SERVICE IS AT YOUR SOLE RISK. IN NO EVENT SHALL THE COMPANY AND/OR ITS AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY 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 SERVICE OR WITH ANY DELAY OR INABILITY TO USE THE SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY OR ITS AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. NOTWITHSTANDING THE FOREGOING, THE MAXIMUM LIABILITY OF COMPANY FOR ANY LOSS, CLAIM, DAMAGE, OR LIABILITY OF ANY KIND, INCLUDING DUE TO COMPANY’S NEGLIGENCE, SHALL BE LIMITED: (A) IN THE CASE OF LIABILITY RELATED TO THE SERVICE, TO THE AMOUNT PAID BY YOU TO THE COMPANY FOR THE PARTICULAR MONTH THAT GAVE RISE TO SUCH CLAIM AND (B) IN THE CASE OF LIABILITY FOR ANY OTHER PRODUCT OR SERVICE UNDER THIS AGREEMENT, TO THE AMOUNTS PAID BY YOU FOR THE PRODUCTS OR SERVICES WHICH ARE THE CAUSE OF THE LIABILITY. THE REMEDIES AS SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE.
USE OF THE WEBSITE
Unless otherwise stated, Whole Nutrition By Design DBA base6 owns the intellectual property and rights to all content and material on the Website and in the Program materials. Subject to the license below, all intellectual property rights are reserved. Whole Nutrition By Design DBA BASE6 grants to you a limited non-exclusive, non-assignable and non-transferable right and license to access and use the Website and Program materials for your personal use only in accordance with terms and conditions set forth herein. Whole Nutrtion By Design DBA BASE6 does not grant to you any right or license to its tradenames, trademarks, registered trademarks, service marks, copyrightable material or other intellectual property.
You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions.
The following uses are not permitted:
From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of Whole Nutrition By Design DBA BASE6 intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to Whole Nutrition By Design DBA BASE6.
You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software. You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction, or data harvesting on or in relation to the Website. You must not use the Website to transmit or send any unsolicited commercial communications. You must not use the Website for any third-party marketing.
GRANT OF RIGHTS
You grant Whole Nutrition By Design DBA BASE6 a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant Whole Nutrition By Design DBA BASE6 the right to sub-license these rights and the right to bring an action for infringement of these rights.
CONTENT CONTRIBUTED TO THE WEBSITE
Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party's legal rights, and must not be capable of giving rise to legal action whether against you or Whole Nutrition By Design DBA BASE6 or a third party.
Whole Nutrition By Design DBA BASE6 reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Whole Nutrition By Design DBA BASE6 ’s servers; or, (iii) hosted or published on the Website. Whole Nutrition By Design DBA BASE6 takes no responsibility and assumes no liability for any content posted by you or any third party.
Notwithstanding Whole Nutrition By Design DBA BASE6 ’s rights under the Terms and Conditions, Whole Nutrition By Design DBA base6 does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.
COMMENT POLICY
The Website offer the option for you to leave comments, engaging with the Website' posts. The following types of comments will not be tolerated and will be deleted:
Whole Nutrition By Design DBA BASE6’s sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.
COMMUNICATION
If you send an email, register to use the Website or provide your email to Whole Nutrition By Design DBA base6 in any other way, you consent to receive communications from Whole Nutrition By Design DBA base6 electronically. You agree that all legal notices provided via electronic means from Whole Nutrition By Design DBA BASE6 satisfy any requirement for written notice.
THIRD PARTIES
The Website may contain links to third-party websites that are not governed or controlled by Whole Nutrition By Design DBA base6. You represent and warrant that you have read and agree to be bound by all applicable Terms and Conditions and policies for any third-party website that relates to your use of the Website. Whole Nutrition By Design DBA base6 assumes no control or liability over the content of any third-party sites. You expressly hold harmless Whole Nutrition By Design DBA base6 from any and all liability related to your use of a third-party website.
Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence and Whole Nutrition By Design DBA base6 makes no representations or warranties regarding any information, events, products, services, or materials provided through said third-party websites. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Whole Nutrition By Design DBA base6 harmless from any and all liability in any dispute.
INDEMNITY
You agree to defend, indemnify and hold Whole Nutrition By Design DBA base6, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys' fees and expenses) which suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms and Conditions (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
PASSWORD AND USER SECURITY
If you are a registered user of this Website, you are entirely responsible for maintaining the confidentiality of your password and user account information. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password. You are entirely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.
GOVERNING LAW AND ARBITRATION
The Terms and Conditions will be governed and construed in accordance with the laws of the State of Michigan. Any controversy or claim arising out of or relating to the Terms and Conditions, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Wayne County, Michigan. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.
MISCELLANEOUS PROVISIONS
If any provision(s) of the Terms and Conditions is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.
The Terms and Conditions may not be assigned by you without Whole Nutrition By Design DBA base6 prior written consent; however, the Terms and Conditions may be assigned by Whole Nutrition By Design DBA BASE6 in its sole discretion.
The Terms and Conditions are the final, complete and exclusive agreement of the parties with respect to the Website offered by Whole Nutrition By Design DBA BASE6.
All notices with respect to the Terms and Conditions must be in writing and may be via email to: [email protected].
In any action against us arising from the use of the Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.
These Terms and Conditions may be modified only by our posting of changes to these Terms and Conditions on this Website, or by written agreement of both parties.
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