TERMS OF SERVICE AND DISCLAIMER

Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. SM Nutrition LLC reserves the right to modify, alter, amend or update its Website, policies, and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website.


SERVICES 

The Academy – (Course and Group support). The service includes group coaching sessions, a community forum, and online course material. The Academy program content may be delivered online through videos, worksheets, self-study materials, group collaboration with other members/purchasers and access to private group platforms. To access the membership site you will use a distinctive username and password that should only be used by you and not shared with any other individuals under any circumstances. This username and password should only be used by you to obtain program materials for personal use. Sharing login information, or any means to access program material or group access through any platform is strictly prohibited and will result in immediate removal from the program. 

This membership is available for children ages 13 to 18 and young adults age 19+ years old in the United States. If you are based internationally, the age range accepted into the Membership may vary based upon your local laws and regulations. 

All membership purchases must be made by the parent or guardian of the child participating in the Membership. 

Throughout these Terms, the parent or guardian will be referred to as the “Purchaser.” The child for whom the Membership has been purchased will be referred to as the “Member.” If the Terms refer to you, it is a collective term for both Purchaser and Member. Purchaser understands that they are responsible for all payments and to ensure Member understands all expectations regarding Member’s participation in the Membership. 

Purchasing Enrollment in the Membership
To purchase the Membership, Purchaser will complete the purchase, which includes payment of a minimum of the initial time commitment, and create the Member’s Membership profile in order to access the materials. You will be billed in accordance with the program duration you selected for the Membership. 

Cancellation of Membership
Membership may be canceled at any time; however, no refunds will be authorized after fees have been charged. To avoid incurring additional fees, Purchaser must cancel the Membership prior to the next billing date. To cancel or change Membership level, please visit the “settings” section within the membership. Select “Billing info” and follow the prompts to cancel based on your payment method.

The Member’s access to the Membership will be disabled at the expiration of the period for which you have already paid. 
For further support or assistance, please email - stephanie@smnutritionrd.com.

License for Use of Membership Materials
As an active member of the Membership, all Members will receive access to exclusive Membership content (“Membership Materials”). 
All Membership Materials were developed solely for the Member’s personal use and may not be reproduced for publication or for the personal or commercial use of others without permission from written Company, except as stated herein.
If you would like to request to use certain Membership Materials, please email stephanie@smnutritionrd.com.. Until an authorization is received, both Purchaser and Member agree that they will not use the Membership Materials in any way not provided in these Terms.

Membership Calls
As part of the Membership, Company will host calls for the Members (“Membership Calls”). These calls will be recorded and stored for all Members to access. By attending the Membership Calls, Purchaser is granting Company the right to record and store the call recordings as described herein, which may include the Member’s likeness and name. 

Member Confidentiality
Generally, the information shared by Members in a Membership Call will be kept confidential by Company; however, if any Member should display signs of concerning behavior, such as dangerous behavior or self-harm, Company reserves the right to contact the Purchaser to discuss the concerns. 
Purchaser understands and agrees that the Membership is education-based and is not a medical service. Company is not a covered entity under HIPAA and HIPAA will not apply to the Membership. 

Membership Community Policies
The Membership offers a community component (the “Community”), where content may be contributed or uploaded by Members. Membership Calls are considered part of the Community, in addition to any forums offered by Company. All Members agree to abide by the Community rules stated in these Terms. 
Company’s sole discretion will be used to determine if a Member is in violation of these policies. Any Member in violation will be deleted promptly and will no longer be able to access the Community area of the Membership. No refund will be due to a Member who has been removed for a violation of this policy.

Code of Conduct
The following types of Community contributions will not be tolerated and will be deleted:
harassment directed toward any content creator or Company;
spam;
bullying;
hate speech;
sexually explicity material; 
defamatory statements regarding Company or any third party;
references to illegal acts; or,
contributions that may violate the legal rights of a third party.
Confidentiality in Community
All Members are expected to treat any contributions to the Community as Confidential. Screenshots, streaming or any photos/video disclosing information from the Membership will be considered a violation and will lead to termination. 

For clarity: Members are not permitted to share any information from another Member. 

Group and Team Workshops – The services may include virtual or in person group sessions, online or printed worksheets. Virtual sessions will be delivered using the Zoom platform and are not permitted to be recorded. In person sessions will be decided on when sessions are scheduled with alternative locations for inclement weather. 

Individual Nutrition Sessions – The services may include 1:1 coaching, potential for supplemental group coaching sessions and online course material. The Individual Nutrition Sessions program content may be delivered online through videos, worksheets, self-study materials and individual online and in person coaching. If your purchase provides information through an online platform or membership site, you will use a distinctive username and password that should only be used by you and not shared with any other individuals under any circumstances. This username and password should only be used by you to obtain course materials for personal use. Sharing login information, or access to course material through any platform (including group access if provided) is strictly prohibited and will result in immediate removal from the program. 

NO GUARANTEES OF SUCCESS

SM Nutrition LLC does not guarantee or promise any specific outcome, results or benefits presently or in the future. Prior client testimonials and success are not guaranteed. 

SERVICE AND COURSE BASED REFUND POLICY

Due to the nature of services and programs being offered by SM Nutrition LLC we do not offer refunds once a service or program has started. 

Based on the immediate availability of courses being offered by SM Nutrition LLC, we do not offer refunds once a course is purchased. 

WEBSITE

SM Nutrition LLC reserves the right to make changes to this website at any time without notice. By accessing this site, you acknowledge that you have read and agree to abide by the terms set forth below. The contents of this website are copyrighted. No portions of this website may be copied, distributed or transmitted in any way without express written consent of SM Nutrition LLC.

INTELLECTUAL PROPERTY
Copyright
Unless otherwise noted, the design, content, and all components of the SM Nutrition LLC Content are copyrights owned by SM Nutrition LLC or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.

From time to time, SM Nutrition LLC Content will legally utilize copyrights owned by third parties. These copyrights are the respective property of their owners and SM Nutrition LLC makes no claim of ownership.

Trademarks
SM Nutrition LLC’s trademarks and trade dress may not be used in connection with any product or service that is not SM Nutrition LLC’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits SM Nutrition LLC or its owners.
From time to time, the SM Nutrition LLC Content will legally utilize trademarks owned by third parties. These trademarks are the respective property of their owners and SM Nutrition LLC makes no claim of ownership.

Content Contributed to the Website
In limited circumstances, you may contribute content to the SM Nutrition LLC Content, including, but not limited to, suggestions, notes, comments, posts, or submissions. 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, SM Nutrition LLC, or a third party.

SM Nutrition LLC reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Company's servers; or, (iii) hosted or published on the Company Content. Company takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding SM Nutrition LLC’s rights under the Terms of Use, SM Nutrition LLC does not undertake to monitor the submission of all content to, or the publication of such content on, the SM Nutrition LLC Content.

Grant of Rights
You grant SM Nutrition LLC a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute any content you contribute to SM Nutrition LLC Content. 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 SM Nutrition LLC the right to sub-license these rights and the right to bring an action for infringement of these rights.

In the event that you contribute any comments or suggestions regarding the SM Nutrition LLC Content to SM Nutrition LLC, including, but not limited to, notes, text, drawings, images, designs, or computer programs, such submissions shall become, and shall remain, the sole property of SM Nutrition LLC. No submission shall be subject to any obligation of confidence on the part of the SM Nutrition LLC. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

LINKS

Third party links are provided as a convenience to our readers. SM Nutrition LLC is not responsible for any third-party content that may be accessed from our website. Services and/or products purchased through third-party websites are subject to the terms and conditions of the third-party’s websites and SM Nutrition LLC shall have no liability or responsibility for those services and/or products. 

From time to time, we link to products or services we love using affiliate links. This means that we may receive a small percentage or fee for referring you to any product you may purchase from one of those sites. These small fees help sustain our small business. We truly appreciate your support.

WEBSITE COMMENT POLICY

The Website offers the option for you to leave comments, engaging with the Website's posts. The following types of comments will not be tolerated and will be deleted:
harassment directed toward any content creator or Company;
spam;
hate speech;
defamatory statements regarding Company or any third party;
references to illegal acts; or,
comments that may violate the legal rights of a third party.

SM Nutrition’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.
SPONSORED POSTS

We may feature sponsored content including but not limited to, blog posts, social media content, downloads, and newsletters. If we do, we will clearly state that the post is sponsored and by whom in the post. While we are committed to only featuring sponsored content from companies or products we have tried and loved, we make no warranties, guarantees, or representations as to the effectiveness or safety of said products or services. You should use them at your own risk and make all the appropriate investigations you need to on your own to feel comfortable using them. Please feel free to email us at stephanie@smnutritionrd.com if you have any questions about our sponsored content.

LIABILITY 

SM Nutrition LLC takes all measures to protect its customers and website users. SM Nutrition assumes no responsibility for computer viruses resulting from use of our Website. Under no circumstances, including, but not limited to, negligence, shall the company be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this website, even if the company has been advised of the possibility of such damages. Users affirm that information downloaded from this website is done at the user’s sole discretion. SM Nutrition LLC is not responsible for any damage to computers, PDAs or any other electronic devices while using our website. Additionally, SM Nutrition LLC will not be liable for any damages or injury that result from the use of the materials on this site.

DISCLAIMER OF WARRANTIES

All express or implied conditions, representations and warranties including, without limitation, any implied warranty or condition or merchantability, fitness for particular purpose, non-infringement, satisfactory quality, non-interference, accuracy or informational content, or arising from a course of dealing, law, usage or trade practice are hereby excluded to the extent allow by applicable law and are expressly disclaimed by SM Nutrition LLC, its supplies and licensors. To the extent an implied warranty cannot be excluded. SM Nutrition LLC and its suppliers make no warranties regarding any service and/or products purchased or obtained from our website or any transactions entered into through our website.

SM Nutrition LLC makes no warranty, express or implied, that the Website, any services and/or products or information obtained on our Website will be continual, suitable, secure, or error free. Additionally, SM Nutrition LLC does make any warranty, express or implied, as to the accuracy, completeness or reliability of information contained within our Website.


INDEMNIFICATION

You agree to indemnify, defend and hold harmless the company and its members, managers, officers, employees, agents and the assigns of same, from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of the website and any violation of these Terms and Conditions by you.


DISCLAIMER

You understand and agree that there is no guarantee that you will see positive results using the techniques and materials provided in the SM Nutrition LLC Content. SM Nutrition LLC assumes no management responsibility for your decisions or practices that you implement based on the SM Nutrition LLC Content. SM Nutrition LLC makes no guarantee about your future success based on your participation in the Program.

SM Nutrition LLC disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided in the SM Nutrition LLC Content.

NUTRITION DISCLAIMER
All information provided regarding nutrition in the SM Nutrition LLC Content is intended to be used for informational purposes only. SM Nutrition LLC Content related to nutrition is not medical advice nor is it intended to replace medical advice. The Company Content is not intended to diagnose, prescribe, or treat any disease, condition, illness, or injury. Before beginning any diet program, modifying your diet, including following the nutrition information available in the SM Nutrition LLC Content, you should seek advice from a licensed professional.

SM Nutrition LLC is not responsible for any liability, loss, or damage, caused or alleged to be caused directly or indirectly as a result of the use, application, or interpretation of the nutrition information available in the SM Nutrition LLC Content.

The Food and Drug Administration has not evaluated the statements contained in any information in the SM Nutrition LLC Content. Individual results may vary.

YOUR RESPONSIBILITY IN USING THE COMPANY CONTENT
The Company Content was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided in the Company Content. Company makes no representations, warranties, or guarantees. You understand that results may vary from person to person. Company ass

JURISDICTION

By accessing this website, you agree that any disputes or matters arising out of or related to your viewing or use of this website shall be governed under the laws of the Commonwealth of Virginia without regard to the conflict of laws.

CONTACT US

If you have any questions about the terms of service and disclaimer, please email us at stephanie@smnutritionrd.com.

SM Nutrition LLC Reserves the right to revise our disclaimer page at any time without notice.

TERMS & COnditions