Metabolic Reset Service Agreement
This Agreement is made between Jacqui Burke Nutrition LLC, a Massachusetts Limited Liability Company (Hereinafter referred to as “Company”), and you that governs your use of the Metabolic Reset Program (Hereinafter referred to as “Program”). By agreeing and purchasing the Program, you agree to the following Terms of Use. These Terms of Use are subject to change at any time and without notice. If you do not agree, you must discontinue use of the Program.
Scope of Program
The program is an online resource intended to provide information and content only, including but not limited to meal plans, recipes, educational videos, and educational handouts.
Voluntary Participation
You understand and agree that you are voluntarily choosing to enroll in the Program and are solely responsible for any outcomes and results. You acknowledge and agree that Jacqui Burke Nutrition LLC is not responsible nor liable to you should you sustain any injuries, incur harm, or encounter any negative ramifications. You agree that you are fully responsible for your health and well-being, including participation in the Program and application of the information and content provided, and any results therein.
Fees
In consideration for the information, guidance and materials provided by Company, you agree to compensate the Company the amount listed. Until payment is received you will not have access to the Program.
Refunds
Once charged, no refunds shall be given unless required by law. In the event that this agreement is terminated as provided for herein, no portion of any payments of any kind whatsoever shall be owed or be refunded to you. You understand that results are not guaranteed and you are fully responsible for your use and application of the information provided in the Program. Company makes no representations, warranties, or guarantees. Company assumes no responsibility for errors or omissions that may appear in the Program or its contents.
Term and termination
This agreement shall commence the day of purchase of the Program, and will remain in effect indefinitely. Once you are billed for the program, no refund will be given. Termination does not suspend or eliminate unmade payments. Company may terminate this agreement via email in the event you breach contact. Company may terminate this agreement via email if Company feels the Program is not appropriate or safe for you based on clinical judgment.
Enforcement of this Agreement
Each party will be responsible for their respective legal fees related to review of this agreement; however, you agree to pay all of the company’s future legal fees, including appellate fees and all suit costs, should it be necessary to bring legal action to enforce the terms of this agreement.
Severability
If a court of competent jurisdiction holds any provision of this agreement to be invalid, void, or unenforceable, then the remainder of this agreement shall remain in full force and effect.
Governing Law
The laws of the state of Massachusetts shall govern the validity, construction, interpretation, and enforceability of this agreement.
Mediation
If any dispute, controversy or claim arises out of, or relates to this agreement, or bridge, termination or validity thereof, the parties agree the company reserves the option to enforce this mediation provision of the agreement. Enforcement by the company by written notice to the opposing party would require the parties to first try, in good faith, to settle the dispute by mediation.
Confidentiality
Unless otherwise noted, the design, content, and all components of the Company Content are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission. You agree that anything you post in the program may be used by Company for marketing or other purposes.
Affiliate Marketing
From time to time, Company may engage in affiliate marketing. This means that if you use an affiliate link or discount code to make a purchase, the Company will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.
Disclosure of Information
You agree not to, either during the term of this agreement or following the termination or expiration here out, disclose to any person or entity any information or materials of the Program, which you may have acquired during your time in the Program, which might negatively impact or jeopardize the company, the reputation of the company, or the reputation of any agent employee or other member of the company or program, unless required to do so by applicable law or any rule or regulation. You will not disclose or publish program materials, videos or handouts to any third-party. Violation of this provision would entitle the company to liquidated damages in the amount of $50,000.
Please note that your purchase of the Program is for one individual. Sharing logins so that multiple people may access the Program or content is strictly prohibited.
Consent
By agreeing to these terms of use, you are agreeing that all content in the program is for informational purposes only and will be used as such. The information in the program is not intended to provide or replace medical advice. When a person changes their lifestyle including exercise, food, drink and/or supplement choices, there are risks involved including but not limited to illness, digestive problems, injuries, weight changes, or reactions with medications that can cause injury or death. By agreeing to these terms, you agree that Company is not responsible for the potential consequences you may incur from implementing any information provided in the Program or it’s contents, and shall not pursue legal action against Jacqui Burke Nutrition LLC, or any of its employees or agents.
The Food and Drug Administration has not evaluated the statements contained in any information in the Program. Individual results may vary. You understand that joining the Program does not guarantee results. You must be at least 18 years of age to join the Program