Terms & Conditions

Terms and Conditions for Programs, Products and Services

Please be sure to read and understand our entire Terms & Conditions Policies below.

Terms and Conditions

These Terms and Conditions (“T&C”) set forth how you may use our Programs, Products and Services, and their content, what content you can share with others and what content you can’t disclose, security, intellectual property rights, and other terms of use.

Please read these T&C carefully. We reserve the right to change these T&C from time to time, and by using any of our Programs, Products and Services you are agreeing to the T&C as they appear, whether or not you have read them. If at any time you do not agree with these terms, please do not use our Programs, Products and Services.

Our Programs, Products and Services are owned and operated by Kelly Nentwich and Thrive4Mom / Prep4Health (Company, we or us). The term “you” refers to the user or viewer of our website and/or Programs, Products and Services.

If you do not agree with the Terms & Conditions within this agreement, please do not enroll in any of our programs, access or use any of our services, contents or materials. 

Use and Consent

By purchasing or using any of our Programs, Products or Services, you are subject to these T&C and required to act in accordance with them, our Privacy Policy, and any other terms and conditions that may apply to our marketing of our Programs, Products and Services available through our Website or from us. Accessing our Programs, Products or Services, in any manner, whether automated or otherwise, constitutes use of the Program, Products and Services, and the Website, and your agreement to be bound by these T&C.

All of our Programs, Products and Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to any Program, Product or Service or our Website by anyone under 18 is unauthorized, unlicensed and in violation of these T&C. By accessing or using our Programs, Products, or Services or our Website, you represent and warrant that you are 18 years or older and that you agree to and to abide by all of our T&C.

When you purchase from our Program, Product, Services or website, you are purchasing for one individual and you may not share your login info with anyone. 

We try to ensure that our Program, Product and Service availability is uninterrupted and that our Website, private Facebook group page, e-mail communications, and Program materials, teleclasses and/or audio or video recordings, as applicable, will be error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or the introduction of new services, although, of course, we will try to limit the frequency and duration of any suspension or restriction. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose.

Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information and materials may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.

Additionally, we are not responsible for the views, opinions, or accuracy of facts provided by external resources referenced in our Programs, Products or Services or in any of our courses, classes, or materials. We assume no responsibility for errors or omissions in the Program, Product or Service you are using, or in documents referenced by or linked to the Program, Product or Service.

Security

We take every precaution to protect our users’ information. When users submit sensitive information via the Program, Product or Service, all information is protected both online and offline.

However, due to the nature of the Internet, we cannot completely ensure or warrant the security of any information transmitted to us or through our services. Submitting information is done at your own risk.

We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.

Intellectual Property Rights

Our Limited License to You. Our Programs, Products, and Services and all the materials available through it are our property and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.

The content in our Programs, Products and Services is solely owned by or licensed to us, unless otherwise indicated. This material includes, but is not limited to, the design, layout, look, appearance, graphics, downloadable information products, and our program or service materials. Reproduction is prohibited other than in accordance with Limited Commercial Use below.

If you purchase or access any of our materials through our Programs, Products or Services, you will be considered our Licensee. For the avoidance of doubt, all content obtained through us is our property, and you are granted a revocable, non-transferable license for personal use and for limited commercial use pursuant to these T&C, limited to you only.

You are being granted a limited license to use our downloadables, Program, Product and Service materials with permission and restrictions. This means that when you download any material from our Programs, Products and Services from our Website or otherwise, you are purchasing the limited right to use the Program materials in the form that is provided to you by us, specifically:

• You are not permitted to apply your own logo and branded look to any Program, Product or Service materials for any purpose.
• You are not permitted to reuse the materials, add your own original content, edit it or change it as you wish to reflect your brand. You maynot reuse or republish the Program, Product or Service materials for any other purpose or reason, or in any other context, other than how this Program is intended to be used.
• All images, text, contents, products and scripts are licensed and never sold, unless otherwise stated. Reproduction is prohibited. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the licensed program, product or service or any subset of the licensed program, product or service except as provided for in this agreement or expressly in writing. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution.
• You will neither disclose, copy or retain any confidential or proprietary information or trade secrets including but not limited to ideas, methods, protocols, techniques, written material, recipes and other knowhow obtained through our Programs, Products or Services.
• Limited Commercial Use For Certified Meal Prep Coaches Only: You are granted permission to print, share and reuse recipe bundles only in the context of in-erson Meal Prep Workshops and/or advertising for in-person Meal Prep Workshops. This limited commercial use is only applicable to Certified Meal Prep Coaches and for as long as you remain in our monthly paid program.

  You may not use our Programs, Products or Services, the materials available on or through them, or this Website in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.

  Any trademarks, taglines, and logos displayed on the Program, Product, or Service materials are trademarks belonging to us and may not be removed or altered. All trademarks reproduced in this Website, which are not the property of, or licensed to us, are acknowledged on the Website. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.

Information You Are Prohibited from Sharing with Others

As a Licensee, you understand and acknowledge that the information obtained on or through our Program, Product or Service has been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and unauthorized use.

When you enroll in or purchase any Program, Product or Service, including any of our downloadable material, you expressly agree that you will not steal our content or share it with any other person without our express written permission. Refer to Our Limited License to You for our written permission for Certified Meal Prep Coaches only.

You agree that you are clearly and expressly forbidden from duplicating, trading, sharing, or selling any information obtained in any Program, Product or Service including any downloadable information, with any other persons for their personal, commercial or business use, whether it was known to you or not at the time that you shared the information that their intention was to use the Program materials in their own business. This is considered theft and stealing, and we retain the right to prosecute theft to the full extent of the law.

Unauthorized use of our Programs, Products or Services or this Website may give rise to a claim for damages and/or be a criminal offence. Unless otherwise explicitly authorized in these T&C, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) for commercial use, to any other person or business.

By downloading, printing, or otherwise using the material from our Programs, Products or Services, for your own business or personal use in no way gives you any copyright or ownership rights of the material contained in the downloadable material.

All rights not expressly granted in these terms or any express written license, are reserved by us.

By downloading, printing, or otherwise using any material from this Program, Product or Service for any use, you in no way assume any intellectual property ownership rights of that material.

Your License to Us

By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us through the Program, Product or Service, our Website, or private Facebook group page, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen (18) years of age or older.

In addition, when you submit or post any material in any way affiliated with our Programs, Products and Services, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant includes the right to exploit any proprietary rights in such posting of submission, including, but not limited to, your right under copyright, trademark, service mark or patent laws under any relevant jurisdiction. By participating in our Programs, Products and Services, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in our Program, Product or Service in our current or future Programs, Products or Services, and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.

Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate.

You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time, for any reason whatsoever.

Disclaimer

As a Licensee, you agree that you are using your own judgment in using the information provided on and through this Program, Product or Service, which is done at your own risk.

Your use of any information or materials through our Programs, Products or Services accessible on or through this Website or otherwise is entirely at your own risk, and at your clients’ own risk, for which we shall not be liable. It shall be your own responsibility to discern the risks of using any of our Programs, Products or Services. You assume responsibility for your choices, actions, use or nonuse of any of the information in our Programs, Products and Services, and you acknowledge that you are using, or not using, a Program, Product or Service at your own risk.

We explicitly state that the information provided to you in our Programs, Products, or Services are not diagnosing or treating a physical or mental health problem or disease, or prescribing medication, or other treatment in any way whatsoever. We are not, and we are not holding ourselves out as, a doctor, medical health practitioner, psychologist, therapist, registered dietician, financial consultant, or religious clergy member, and we make no claims in this regard.

Nothing contained in the Program, Product or Service is intended to be a substitute for the medical diagnosis or treatment that can be provided by your physician, mental health provider, or other qualified healthcare professional. You always should seek the advice of your physician, mental health provider, or another qualified health care provider regarding any specific medical condition pertaining to you.

Earnings Disclaimer

You acknowledge that we have not and do not make any representations as to the health physical, mental, emotional, and spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation in our Programs, Products or Services.

We cannot and do not guarantee that you will attain a particular result. Your level of success attained depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. You accept and understand that results differ for each individual.

We also expressly disclaim responsibility in any way for the choices, actions, results, use or non-use of the information provided or obtained through any of our Programs, Products or Services that your clients receive from you.

Warranties Disclaimer

THE INFORMATION IN THE PROGRAMS, PRODUCTS AND SERVICES OFFERED ON OR THROUGH OUR WEBSITE AND ANY THIRD-PARTY WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO THE ACCURACY, COMPLETENESS OR APPROPRIATENESS OF OUR PROGRAM , PRODUCT OR SERVICE FOR ANY PURPOSE.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAM, PRODUCT OR SERVICE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS PROGRAM, PRODUCT OR SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PROGRAM, PRODUCT OR SERVICE MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or your clients in connection with this Program, Product or Service, including by your use or inability to use any information obtained on or through the Program, Product or Service, any websites linked thereto, and/or any material posted on the Website, private Facebook group page, or in any other way through the Program, Product or Service by us or by others, including without limitation any liability for any accidents, delays, injuries, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.

Limitation of Liability

Under no circumstances, including, but not limited to negligence, shall anyone related to our Company or any subsidiary and parent companies or affiliates, included but not limited to our shareholders, directors, officers, staff, employees, affiliates, successors, transferees, assignees or licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Program, Product or Service, including its materials or third-party materials made available through the Program, Product or Service, even if we are advised beforehand of the possibility of such damages.

You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Program, Product or Service participant or user, including but not limited to you and your clients.

You agree at all times to defend, indemnify and hold harmless the Company, our shareholders, directors, officers, employees, affiliates, successors, transferees, assignees or licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue and all claims, causes of action, damages, liabilities, costs and expenses, including and any legal fees and expenses, arising out of or related to our Programs, Products or Services as experienced by you, anyone affiliated in any way with your business, and/or any of your clients, and/or your breach of any obligation, warranty, representation or covenant set forth in these T&C.

These T&C require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using any of our Programs, Products or Services that you are waiving certain legal rights and you are voluntarily agreeing to do so.

Links to External Websites or Use of Social Media

From time to time our Website may also include links to other websites or to social media sites. These links are provided for your convenience to provide further information and to allow you to visit other website(s) of interest easily. However, once you have used these links to leave our Website, you should note that we do not have any control over that other website or social media. Therefore, we cannot be responsible for the protection and privacy of any information which you provide while visiting such sites or social media, and such sites and social media sites, even if operated by us, are not governed by these Terms and Conditions and Privacy Policy.

You should exercise caution and look at the privacy statement of the website or social media sites you are visiting or using. Use of external links to other sites or social media do not signify that we endorse them. We bear no responsibility for the content of the linked website(s) or social media websites.

We accept no liability for any of the views, facts, opinions, or references in the Program, Product or Service whatsoever. Information posted on this Website related to this Program, Product or Service or linked to a third party website, may express a perspective which may or may not necessarily reflect our views.

Your Conduct

You must not use our Program, Product or Service, or any aspect related to it, in any way that causes or is likely to cause access to it to be interrupted, damaged or impaired in any way and you must use it for lawful purposes only. You understand that you are solely responsible for all electronic communications and content sent from your computer to us by you. You may not use our Program, Product or Service, or any aspect related to it, in any of the following ways:

• For fraudulent purposes or in connection with a criminal offence or to otherwise carry out any unlawful activity
• To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, abusive, threatening, defamatory, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or is otherwise injurious to third parties, or which consists of or contains software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam
• To impersonate any third party or otherwise mislead as to the origin of your content
• To reproduce, duplicate, copy or resell any of our content in contravention with these T&C or any other agreement with us.

Online Commerce

If paying by PayPal, Stripe or credit card, you give us permission and authorization to automatically charge your credit or debit card as payment for your Program, Product or Service for which you will receive an electronic receipt. For any installment payment, you give us permission to automatically charge your credit or debit card at the time it is due without any additional authorization.

In the event that payment is not received by the date due, whether paying in full or by installment, you will have forty-eight (48) hours to make the payment otherwise the Program, Product or Service will not continue.

If you fail to make payment in a timely manner in accordance with these Terms and Conditions or voluntarily decide to withdraw from our Program, Product or Service at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Program, Product and/or Service.

When you purchase our Programs, Products or Services, the information provided and obtained as part of the transaction, such as your credit card number and contact information, may be collected by both the third-party merchant and by us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for the merchant’s independent policies.

You agree to be financially responsible for all purchases made by you. You agree to purchase and use the Program, Product or Service for legitimate, personal or limited commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service.

You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of this Program, Product or Service.

You agree to only purchase this Program, Product or Service for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal or financial information to us or a merchant, you represent that you have obtained his/her consent to provide such third party’s personal information.

For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly.

Refund and Cancellation Policy

Your satisfaction with our Programs, Products or Services is very important to us. However, due to the immediate downloadable nature of our materials we are unable to issue any refunds for any reasons.

If cancellation or termination occurs, you must cease using any material from our Programs, Products or Services immediately. You must remove them, or references to them, from your Website, sales pages, email communications, social media, and any other method of communication immediately. You may not continue to use or sell any portion of the Program, Product or Service in any way following your cancellation or termination or you will be violating these T&C.

All T&C set forth herein, and all copyright, trademark, and intellectual property rights remain indefinitely.

Certified Meal Prep Coach Program: There is a mandatory minimum twelve (12) month obligation for all coaches. If termination or cancellation occurs before the twelve (12) months is complete, the credit card on file will be charged the balance remaining. After the mandatory twelve (12) month period, if a coach wishes to cancel their membership at anytime for any reason, they may do so with a 30 day written notice.

All Other Programs: You may cancel at anytime and for any reason with a 30 day written notice.

Termination:

We reserve the right in our sole discretion to refuse or terminate your access to the Program, Product, Service and/or our Website, private Facebook group page, e-mail communications, or any other method of communication related to the Program, Product or Service and/or our Website, private Facebook group page, email communications, or any other method of communication related to the Product, Program or Service at anytime without notice. Should you wish to terminate the Program, Product or Service, these termination terms will apply you as well.

In the event of cancellation or termination, all remaining balances owed shall be immediately due, and you are no longer authorized to access the Program, Product, Service or our Website, private Facebook group page, e-mail or any or other method of communications affected by such cancellation or termination. The restrictions imposed on you with respect to material received for the Program, Product or Service and all of the disclaimers and limitations of liabilities set forth in these T&C, shall survive such termination of your access and apply in full force.

Dispute Resolution

It is hoped that should we ever have any differences, we could be able to work them out amiably through a phone conversation or e-mail correspondence. However, should a dispute ever arise between us, we agree now that we will submit to binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction. Prior to seeking arbitration, you must submit your complaint to me via email. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No award of consequential or of any other damages may be granted to you.

By signing this Agreement you are agreeing to a modification of the statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission, or other conduct complained of as submitted by you in e- mail, or shall otherwise be forfeited forever. You also agree that should arbitration take place, it will be held in Chesterfield County, Virginia, and the prevailing party shall be entitled to all reasonable attorney’s fees and costs necessary to enforce the Agreement. These T&C and Privacy Policy shall be construed according to the laws of the State of California.

In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, designed to disparage us, our company, or any of our Programs, Products or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.

If this T&C and Privacy Policy, or any part therein, is construed to be invalid or unenforceable, it shall not affect the validity or enforceability remainder of the T&C and Privacy Policy which shall be given full force and effect.

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