The Glow Up Collective Membership | Starter Package : TERMS OF USE

 

The Glow Up Nutritionist

Jacqui Burke Nutrition LLC

 

 

1.             INTRODUCTION

 

Jacqui Burke Nutrition LLC (“we,” “us,” “our, “Company”) offers online content available for purchase in the form of The Glow Up Collective, an online membership (“Membership”). Membership includes a nutrition and lifestyle course and an exercise plan and workout videos. Your purchase of and access to Membership is governed by these Terms of Use (“Agreement”). By purchasing Membership, you understand and agree you are bound by the terms in this Agreement.

 

1.   REGISTRATION AND YOUR ACCOUNT

 

In order to access Membership on Kajabi, you may be required to register for an account. You may be asked to input your email address, select a password, and provide other personal information. By purchasing Membership and registering for an account, you agree:

 

1.           You are of legal age to consent to a binding contract
2.           You will provide truthful, accurate, complete and current information upon registration
3.           You will update your registration as needed
4.           You will not share your registration information or allow anyone else to access your   account
5.           You are responsible for maintaining the security of your registration information
6.             You will notify us as soon as you become aware of any unauthorized use of your account
7.           You are solely responsible for procuring any necessary hardware, software, and or network connections necessary to access our Membership
8.           You indemnify us against all losses, damages, claims, costs and/or expenses and release us from any liability that arises from any unauthorized use of your account
9.           We have the right to terminate your account at any time, at our discretion, without notice to you, if any terms of Agreement are violated. If we in our sole discretion decide to terminate your account because of breach of Agreement terms, you will not be refunded any payments made up to the point of termination.

 

III. ACCESS AND AVAILABILITY

 

Generally, access to Membership is automatic upon completion of purchase. You may access Membership at the completion of purchase. However, our service providing Membership to you is automated and as such, we cannot guarantee that our system will always be functional.  There may be a delay in availability of Membership for access. In the event our systems are down or otherwise delayed, we will make every effort to notify you of delays and remedy the problem immediately; however, you agree we are not liable for any damages caused by or related to any delays you may experience in accessing Membership.

 

If you experience issues downloading or otherwise accessing Membership, please contact us at: [email protected].

 

1.        ERRORS, OMISSIONS, MODIFICATIONS, AND DISCONTINUATIONS

 

We do not guarantee the accuracy or completeness of our listed Membership or any information accompanying the description of our listed course. We reserve the right to change or modify any Membership-related details at any time, without notice to you. We reserve the right to correct any errors in pricing at any time, without notice to you. In addition, we reserve the right to cancel any orders received for Membership if we become aware of an error in the listed price for that Membership, regardless of whether you have completed your purchase. If your purchase has already been completed when we become aware of a pricing error, we will notify you, cancel your order, and issue a refund. We reserve the right to discontinue Membership, at any time, without notice to you.

 

You agree that we may modify, replace, upgrade, or otherwise change Membership at any time, and convert you to the new format, to the extent such change is not detrimental to your use of Membership and with reasonable notice from us to you regarding impending changes.  We reserve the right to make any changes that are not material to functionality without notice.

 

1.       PAYMENT TERMS

 

The cost of Membership is $79 per month, with a minimum 3 month commitment. Financial transactions are conducted through secure third-party payment systems subject to their own terms of use. These terms of use are available on each payment processor’s website. 

 

By initiating a purchase of Membership, you warrant that you have the authority and rights to use your payment method, you have provided accurate information so we can complete your purchase and contact you as needed, you authorize us to charge your chosen method of payment, and you agree to pay all charges listed. You will not be given access to Membership until full satisfactory payment is received. We reserve the right to refuse or cancel your order of Membership without notice to you if we suspect the purchase is unauthorized or fraudulent.

 

You will be charged an initial fee of $79 at the start of your subscription, your payment information will be stored securely by the payment processor selected, and then subsequently, your monthly subscription fee of $79 will automatically renew and you will be charged successively for each renewal period until you cancel your subscription. The method of payment you used to purchase the subscription initially is the method of payment that will automatically be charged. Should you wish to use an alternate form of payment for successive renewal period charges, contact us at [email protected].

 

If your payment is declined and you have not satisfactorily correct your payment method and paid the outstanding subscription fee, after 5 business days your access to Membership will be suspended until you have paid all outstanding balances due. If, after 30 days from the time your payment is declined you have not paid your outstanding balance, you are in breach of this Agreement, and your account will be terminated.

 

You agree that you shall not initiate any chargebacks via your payment provider. Any payments that are not refundable as outlined in these Terms and Conditions are final and may not be charged back. You are responsible for any fees associated with recouping payment and any associated collection fees.

 

Cancellation of Subscriptions

 

You may cancel your subscription at any time by contacting us at [email protected]. You must cancel at least one week before the renewal of your next subscription period in order to avoid being charged for that period. If you opt to cancel your subscription, you will not be refunded any fees paid to the date of your cancellation.

 

 VII.     REFUNDS

 

Membership is digital and therefore not returnable. No refunds will be issued for any reason. By purchasing Membership, you agree that all payments made by you are final and may not be charged back. If you are unable to access Membership, you must contact us at [email protected] so we can resolve the issue.

 

VIII.     DISCOUNTS AND PROMOTIONS

 

We may offer discounts or promotions as applied to your original purchase, subsequent purchases, or in conjunction with a subscription. These discounts and promotions are not transferable. These discounts and promotions cannot be redeemed for cash, combined with any other offer, or transferred to another purchaser.

1.        YOUR PRIVACY

 

By purchasing Membership, you agree that we may process your personal information for the purpose of completing the transaction. Service providers who assist us with storage, payment processing, analysis and/or other services may have access to your personal information only to the extent necessary to fulfill their obligations to us. Please see Our website’s Privacy Policy for more information on the personal information.

 

1.       THIRD PARTY CONTENT

 

Membership may contain links to or content from third parties. This third party content is not owned by us. Third party websites are governed by their own Terms and Conditions and Privacy Policy and protected by their own intellectual property rights. By purchasing Membership, no intellectual property rights in any third party content is transferred to you. Our inclusion of third party links and/or third party content in Membership is not an endorsement of this content. If you access any third party websites or third party content through Membership, you agree we have no control over third party websites and their content, which are subject to their own terms. We make no representations regarding any third party websites or third party content.

 

1.         INTELLECTUAL PROPERTY

 

By purchasing Membership, we are granting you a single use, non-exclusive, non-transferable, revocable license to access Membership and any associated Membership resources available to you. Membership and all Membership resources are owned by Company and protected by all applicable copyright and trademark laws. You understand and agree that you do not acquire any ownership rights in Membership or Membership resources through your purchase, nor do we grant you any licenses to our intellectual property except for where expressly authorized by us.

 

If Membership includes Membership resources for download, you will be permitted to download the resources print if appropriate for your personal, non-commercial use. No other portion of Membership is downloadable without our express permission.

 

You understand and agree you are not permitted to modify, duplicate, reproduce, record, transcribe, snapshot, photograph, sublicense, share, reassemble, upload, broadcast, publish, adapt, lend, change, post, transmit, transfer, distribute, sell, license, display, republish, reverse engineer, create derivative works of, frame without authorization, or in any way alter Membership or any Membership resources.

  XII.     DISCLAIMER OF WARRANTIES

 

You understand and agree that Membership is provided “as is” for informational purposes only and should be used at your own risk. Membership is educational and is not a substitute for consultation and/or treatment with an appropriate professional. Membership is not business, financial, legal, medical, health or other professional advice. It is not intended to diagnose, treat or prevent disease.

 

Company makes no representations or warranties of any kind, express or implied, as to Membership, including, but not limited to, any warranties of merchantability or fitness for a particular purpose. Company makes no representations as to any physical, emotional, or mental health benefits, including, but not limited to, any weight loss for you, that may be derived from Membership. We are not responsible or liable for any of your decisions directly or indirectly related to the information provided, nor are we responsible for any damages from the use or misuse of Membership. By purchasing Membership, you agree you are solely responsible for any decisions you make from the information in Membership. You also understand that your purchase of Membership does not in any way create a clinician-client relationship between you and Jacqui Burke or you and Jacqui Burke Nutrition LLC.

 

You understand and agree that through Membership, you will receive information and recommendations on nutrition and exercise, and possibly supplementation. You understand and agree that any time a person changes their lifestyle, certain risks are involved. Risks include, but are not limited to, digestive issues, food sensitivities, injuries, weight changes, or reactions with medications. You agree Company is not responsible nor liable for any consequences you may experience through implementing any information or recommendations in Membership.

 

Company does not assume liability or responsibility for the accuracy or completeness of information provided in Membership. Company disclaims all warranties to the fullest extent permitted by law.  

 

You understand and agree every individual is different, and Company cannot and does not guarantee any recommended product, service, exercise, nutrition plan, or other recommended by Company to you in Membership will also work for you. You understand and agree that any testimonials, examples, or other results presented by Company on Company’s webpage, marketing materials, social media platforms, or any other forum are the experiences of one Membership participant. You understand and agree Company does not represent or guarantee in any way that you will achieve the same or similar results.

 

XIII.     LIMITATION OF LIABILITY

 

TO THE FULLEST EXTENT ALLOWED BY LAW, WE ARE NOT LIABLE NOR DO WE ACCEPT ANY RESPONSIBILITY FOR ANY LOSSES OR DAMAGES CAUSED BY OR RESULTING FROM YOUR PURCHASE OR USE OF COURSE. BY PURCHASING AND USING COURSE, YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY RESULTS DERIVED FROM THAT USE. YOU AGREE THAT WE ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, ARISING OUT OF YOUR USE OF COURSE AND ANY COURSE RELATED MATERIALS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR COURSE WE PROVIDE PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

 

XIV.    INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless Company and any Company agents or third parties from and against any and all claims, damages, settlements, losses, liabilities, costs, charges, and expenses, including reasonable attorney’s fees, relating to or arising out of any breach by you of any of these Terms of Use, or any use of Membership or Membership resources or materials or inability to use Membership or Membership resources or materials, or your violation of any applicable laws or regulations. You shall not settle any third-party claim or waive any defense without our prior written consent. We reserve the right to assume exclusive control and defense of any matter otherwise subject to indemnification by you, and if exercise this right, you agree you will fully cooperate with us.

 

1.       TERMINATION

 

If you have registered for a user account, you can contact us at [email protected] to terminate your user account. We reserve the right, without limiting any other provision in this Agreement, in our discretion, to deny anyone who violates any provision of this Agreement, or any applicable law or regulation, access to their account on our website, Membership, and any Membership-related resources or materials at any time, without notice. We reserve the right, without limiting any other provision in this Agreement, in our discretion, to terminate the account of any purchasers who breach the terms of this Agreement, without notice.

 

XVI.    INTERNATIONAL USERS

 

Our company is owned and operated in Massachusetts in the United States and this Agreement is controlled by applicable laws in this jurisdiction. We do not represent or warrant that Membership is available or appropriate outside of the United States. If you use Membership from a location outside of the United States, you agree to abide by your country’s applicable laws as they relate to accessing Membership.

 

XVII.  GOVERNING LAW/DISPUTE RESOLUTION 

 

You and agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Company (or any related third parties) that relates in any way to or arises out of this or previous versions of this Agreement, your use of or access to Membership, the actions of Company or its agents, or any products or services sold or purchased through Membership, will be resolved in accordance with the following provisions:

Applicable Law

You agree that the laws of the State of Massachusetts, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Company, except as otherwise stated in this Agreement.

Arbitration 

You and Company agree that any and all disputes or claims that have arisen, or may arise, between you and Company (or any related third parties) that relate in any way to or arise out of this or previous versions of the Agreement, your use of or access to Membership, the actions of Company or its agents, or any products or services sold, offered, or purchased through Membership shall be resolved exclusively through final and binding arbitration, rather than in court. However, you understand and agree that this does not in any way limit Company’s ability to employ a debt collection agency and/or a lawyer to collect outstanding balances due under this Agreement.

The Federal Arbitration Act ("FAA"), and to the extent not inconsistent with the FAA, the laws of the State of Massachusetts, without regard to principles of conflict of laws, governs the interpretation and enforcement of this Agreement.

The arbitration will be administered by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules and the AAA's Commercial Arbitration Rules, and the AAA's International Centre for Dispute Resolution Rules (as applicable), as modified by this Agreement to Arbitrate. Absent agreement of the parties, the AAA shall decide which AAA rules apply to the arbitration. If a party intends to seek arbitration, that party must first send to the other party, by certified mail, a valid Notice of Dispute ("Notice").

If you are a resident of the United States, then the arbitration hearing shall be held in Middlesex County, Massachusetts, or via online a licensed online dispute provider ( ODR). If you are not a resident of the United States, then the arbitration hearing will be held in Middlesex County, Massachusetts, in the United States, via ODR, or another mutually agreed location.

Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

If for any reason, arbitration is not successful, you agree that any claim or dispute between you and Company will be resolved exclusively by a state or federal court located in Middlesex County, Massachusetts. You agree to submit to the personal jurisdiction of the courts located within Middlesex County, Massachusetts for the purpose of litigating all such claims, disputes, or matters.
XVIII. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and us regarding your purchase of Membership.

XIX.    SEVERABILITY

If any portion of this Agreement is deemed to be void or unenforceable, that portion is severable from the Agreement and does not impact the enforceability of the remainder of this Agreement.

If you have questions about this Agreement, please contact [email protected]. 

LAST UPDATED: November 13, 2022.