THE METABOLIC MINI: TERMS OF USE
INTRODUCTION
The Metabolic Mini (“Program”) is offered by Jacqui Burke Nutrition LLC (“Company”). Program consists of the services, products, materials, content, courses, coaching, meetings, communication, and any other items Company is providing you, specific to your purchase, as a result of your purchase. By purchasing Program, you as the purchaser of Program and participant in Program are agreeing to the following Terms of Use, which constitute a legally binding agreement between you and Company.
As part of our comprehensive nutrition and health services, we offer lab work to better understand and address your unique nutritional needs. By incorporating lab tests, we aim to provide more personalized and effective dietary and lifestyle recommendations
AGE AND ACCESS
You agree that you are 18 years of age or older. You acknowledge and understand that any information such as, but not limited to, usernames and passwords, that grant you access to Program, are unique to you. Sharing your Program log-in information will result in automatic termination from Program.
NO REFUND POLICY
Program is offered to you as is. No refunds will be issued for any reason.
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.
RELATIONSHIP OF PARTIES
You agree that your participation in Program does not create a partnership, joint venture, agency or employment relationship with Company.
INTELLECTUAL PROPERTY
You agree that any Program materials and all content provided to you by Company is provided for your personal, informational, non-commercial use only. Content is owned by Company and protected by all applicable copyright and trademark laws. Any content, collectively hereafter “Content,” includes all:
- Company website and social media content, including design, marks, photographs, client-only features, graphics, text, videos and all other media and source code
- All digital downloads or other materials, digital or non-digital (materials include but are not limited to, text, photos, graphics, video, recipes, exercises, forms) created by Company
- Any other form of Company-created information available to you immediately prior to Program and during Program in any forum.
Company grants you a limited, revocable, non-transferable license to access Content and print and download Content where expressly allowed by Company, for your personal, non-commercial use.
You are not permitted to duplicate, reproduce, sublicense, share, reassemble, upload, change, post, transmit, transfer, distribute, sell, license, display, republish, create derivative works of or alter Content in any way.
SCOPE OF LAB WORK
1. Types of Tests: The lab work included is a Hair Tissue Mineral Analysis test conducted by Trace Elements
2. Purpose: This test is used to assess various mineral levels to gain insight on stress status, thyroid function, adrenal function, and other pertinent health indicators.
PROCESS
1. Authorization: All lab work will be conducted with your informed consent. By agreeing to these terms, you consent to the labs being run.
2. Collecting your labs: We will mail a collection kit to you and provide you with instructions on how to collect your hair sample. You will be responsible for mailing your sample to the lab.
3. Results and Follow-Up: Once the results are available, we will review them and provide you with a detailed video explaining your results, as well as a write up of customized recommendations. These recommendations may include adjustments to your nutrition, lifestyle, or supplements..
FEES AND BILLING:
1. Cost of Tests: The cost of lab work is incorporated into the total cost of this package.
2. Insurance and Payments: If applicable, we will provide you with the necessary documentation to submit to your insurance for reimbursement. All payments for lab work are due at the time of service.
CONFIDENTIALITY:
Your privacy is our utmost priority. We may share your results and testimonials on our website and social pages, but will use your first name only.
LIABILITY AND USE OF RESULTS:
1. Use of Lab Results: The lab results are used to provide personalized nutritional recommendations. However, these recommendations are not a substitute for medical advice.
2. Consultation with Healthcare Providers: You are advised to consult with your primary healthcare provider or a specialist before starting any new diet, exercise program, or taking any supplements based on our recommendations.
3. Liability: While we strive to provide accurate and beneficial recommendations based on lab results, we do not assume liability for any adverse effects or consequences resulting from the use of our nutritional advice without consulting a healthcare professional. By agreeing to these terms, you acknowledge and agree to these terms
BY PARTICIPATING IN PROGRAM AND USING PROGRAM MATERIALS AND CONTENT, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY RESULTS DERIVED FROM SAID PARTICIPATION AND USE. YOU ASSUME ANY AND ALL RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY IS NOT LIABLE AND DOES NOT ACCEPT RESPONSIBILITY FOR ANY LOSSES OR DAMAGES CAUSED BY OR RESULTING FROM YOUR PURCHASE OF OR PARTICIPATION IN PROGRAM, OR YOUR USE OF PROGRAM MATERIALS AND/OR CONTENT. HOWEVER, IF COMPANY IS FOUND LIABLE, TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY IN THE AGGREGATE OF COMPANY AND COMPANY’S AGENTS TO YOU FOR ANY CLAIMS, LOSSES, COSTS, OR DAMAGES WHATSOEVER ARISING OUT OF, RESULTING FROM OR IN ANY WAY RELATED TO THIS PROGRAM OR AGREEMENT FROM ANY CAUSE OR CAUSES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, PROFESSIONAL ERRORS AND OMISSIONS, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY, SHALL NOT EXCEED THE TOTAL COMPENSATION PAID BY YOU TO COMPANY.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Company and any parties working for or associated with Company (including, but not limited to, employees, agents, contractors, subsidiaries, partners, affiliates, successors, assigns; collectively, “Company’s Affiliates”), from any and all actions, claims, damages, fees and expenses, including attorney’s fees, in law and equity, arising out of your purchase of Program, delivery of Program, your participation in Program, your use of Program materials, your use of Content, or your use of any other information provided in any form by Company or Company’s Affiliates, excluding any liabilities resulting from the gross negligence or willful misconduct of Company. You agree that neither Company nor Company’s Affiliates are personally liable for any representations or actions of Company or Company’s Affiliates.
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 Program, the actions of Company or its agents, or any products or services sold or purchased through Program, 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 Program, the actions of Company or its agents, or any products or services sold, offered, or purchased through Program 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.
FORCE MAJEURE
Company will not be liable for failure or delay in the delivery of Program for the period that said failure or delay is beyond Company’s reasonable control, materially affects the ability of Company to deliver all or any part of Program in any way and could not reasonably have been foreseen. Force majeure events contemplated include but are not limited to fire, flood, pandemic, hurricane, acts of God, and acts of governmental action prohibiting or impeding Company’s ability to deliver any aspect of Program.
SEVERABILITY
If any portion of these Terms of Use is deemed to be void or unenforceable, that portion is severable from the Terms of Use and does not impact the enforceability of the remainder of these Terms of Use.
ENTIRE AGREEMENT
These Terms of Use and any policies given to you as part of your participation in Program constitute the entire agreement between you and Company with respect to Program. These Terms of Use supersede any prior communications or agreements between you and Company.
By agreeing to these terms, you acknowledge and agree to the terms and conditions regarding lab work and liability as outlined above.