“Company”, “We”, “I”, “Our”, or “Us” means Nicole Cieslak and Fit Foodist Nutrition LLC.
“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Program.
“You” or “Your” means the purchaser and person using the Program.
By participating in the Program, you understand that Nicole Cieslak is a Certified personal trainer and functional nutritional therapy practitioner.
This Program is for informational and educational purposes only. The information and education provided in this Program is not intended or implied to supplement or replace the professional advice of a medical professional. You should always consult with a medical or health professional for any health concerns you have and prior to starting the Program. Nothing in this Program is intended as medical advice or diagnosis.
Although we do our best to make sure all of the Program’s content is up to date and/or accurate, we do not make any representation that all the information is accurate or free of errors at all times. We do not assume any responsibility for accuracy of the Program’s information, or its safety or efficacy as it applies to you.
4. Assumption of the Risk
You should use your best judgment in using the information provided in the Program, which is done at your own risk. It is your responsibility to discern the risk of using the Program or its content. You assume responsibility for your actions, choices, or lack thereof, related to the Program.
5. Intellectual Property Ownership:
The Program and its content, including, but not limited to, Gut Smart Restart downloads, presentations, workbooks, google docs, google sheets, nutrition videos, supplement recommendations, and Facebook group content, are intellectual property owned by Nicole Cieslak and Fit Foodist Nutrition LLC. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
6. Purchase & Access Terms:
You cannot distribute, copy, forward, and/or share the Program or its content with anyone else. Any violations of these Terms & Conditions will be legally pursued to the fullest extent permitted by law.
You may not share your password or login information with anyone. If you share your password or login with anyone who did not purchase the Program, you will be removed from the Program immediately and no refund will be issued.
7. No Claims Made Regarding Results:
Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and his/her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.
We don’t make any assurances as to any particular health-based outcome based on the use of or participation in the Program. We are not responsible for the success or failure of your adherence to the program, progress health outcomes or any other result of any kind that you may have as a result of your participation in the Program.
8. Testimony Release:
I understand and hereby consent to the use of the information, submitted photographs, screenshots taken by the Practitioner, or written testimonies and feedback, from the Client, by the Practitioner for marketing. I consent to my name (as provided), photographs, screenshots, and statements to be used for promotional purposes by Fit Foodist Nutrition LLC without payment to me.
I understand that Fit Foodist Nutrition LLC may use my name (as provided), photographs, screenshots, and statements for promotional business purposes, including, but not limited to: email marketing, social media, website, etc.
9. DISCLAIMER – No Warranties, Guarantees, or Representations Are Being Made:
We do not offer any representations, guarantees, or warranties, of any variety, regarding the Program in any way including, but not limited to, your future health improvements or outcomes as a result of your use of the Program. The Program is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and nutrition for a particular purpose, neither express nor implied, to the extent permitted by law. We are not liable for damages of any kind related to your use of the Program.
10. Your Release of Us, Indemnification, Hold Harmless:
To the fullest extent permitted by law, Fit Foodist Nutrition LLC expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Program, its materials, our website, or any other information obtained by you from us. By enrolling in the Program, you hereby agree to this limitation of liability and release Fit Foodist Nutrition LLC from any and all claims.
By enrolling in the Program, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless Fit Foodist Nutrition LLC as stated in this section herein.
11. Our Refund Policy:
We will do everything within our ability (and within reason) to ensure your satisfaction. Due to the downloadable nature of the Program, refunds will not be issued for the Program once it is purchased. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Nicole Cieslak at email@example.com.
12. ARBITRATION CLAUSE:
If you have any complaint or should any issue arise in the use of the Program, please contact us directly first by emailing Nicole Cieslak at firstname.lastname@example.org.
However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Nicole Cieslak and Fit Foodist Nutrition LLC shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.
By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 25 miles of Phoenix, Arizona.
If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Arizona. The only award that can be issued to you is a refund of any payment made to Fit Foodist Nutrition LLC for the applicable Program. You are not permitted to seek additional damages, including consequential or punitive damages.
13. Payment + Purchase Terms
When you pay for the Program by credit card, you authorize and give permission to Fit Foodist Nutrition LLC to charge your credit or debit card for the amount owed for payment of the Program. When you purchase the Program, your information (i.e. credit card and contact info) may be collected by the third-party merchant [Thinkific, Stripe, PayPal], who may have privacy policies or security practices that are different than ours. Nicole Cieslak and Fit Foodist Nutrition LLC is not responsible for the merchant’s independent policies or practices.
In the event that payment is not successfully made by the due date, you have a three (3) day grace period to make your payment of the Program. If such payment is not received, your access to and participation in the Program will not continue. If you fail to make payment within the grace period or at any other time, you are still responsible for all payments for the full cost of the Program.
14. Limitation of Liability:
Fit Foodist Nutrition LLC is not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Program. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Program or its content, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
Updated December, 2020