Terms of Use Coaching Programs from The Athlete Dietitian LLC


Please read the Terms of Use for the Program carefully and in their entirety before purchasing and using the NUTRITION TRAINING CAMP  The program and its content are owned by THE ATHLETE DIETITIAN, LLC

  1.  Definitions:

“Company”, “We”, “I”, “Our”, or “Us” means Kyndall Herman and The Athlete Dietitian, LLC.

“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Program.

“You” “User” or “Your” means the purchaser and person using the Program. 

  1. Consent: By participating in the Program, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms of Use.
  2. DISCLAIMER: By participating in the Program, you understand that Kyndall Herman, and those that work for The Athlete Dietitian, LLC, are nutrition coaches. We are not medical doctors, psychologists/psychiatrists, or other licensed medical professionals. You are expected to discuss any changes to your health, diet, or exercise regimen with your physician or another medical professional first before trying them.

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 professional medical treatment, advice, and/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. You should review any and all changes to your diet, lifestyle, exercise regimen, or supplement routine with your medical professional.

  1. Assumption of the Risk: YOU MUST ENSURE YOU ARE PHYSICALLY CLEARED BY YOUR PHYSICIAN TO PARTICIPATE IN THE PROGRAM BEFORE PARTICIPATING. If you have any injuries or limitations, please have them cleared by your physician before attempting to participate in the program.

By participating in the program, you are assuming the risk of participating in it and agree to only participate if medically cleared to do so.  We are not responsible or liable for your participation in the Program.

  1. Intellectual Property Ownership: The Program and its content, including, but not limited to, Nutrition Training Camp, all video content, all downloadable handouts, all example fueling plans, all recipes, and all social media posts are intellectual property owned by Kyndall Herman and The Athlete Dietitian, LLC. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
  2. No Sharing: You cannot distribute, copy, forward, and/or share the Program or its content with anyone else. Any violations of these Terms of Use 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.

  1. 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.
  2. DISCLAIMER - No Warrantees, Guarantees, or Representations Are Being Made:

We do not offer any representations, guarantees, or warranties, of any variety, regarding the Program in any way. 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 fitness 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.

  1. Your Release of Us, Indemnification, Hold Harmless:

To the fullest extent permitted by law, The Athlete Dietitian, 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 The Athlete Dietitian, LLC from any and all claims.

By participating in and/or purchasing the Program, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless The Athlete Dietitian, LLC our subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your purchase of or participation in the program and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms of Use.

 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 Laura Asbury Nutrition LLC as stated in this section herein. 

  1. 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 Kyndall at [email protected]

 

  1. 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 Kyndall at [email protected]

However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Kyndall Herman and The Athlete Dietitian 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 are 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 50 miles of San Diego, California.

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 Colorado. The only award that can be issued to you is a refund of any payment made to The Athlete Dietitian, LLC for the applicable Program. You are not permitted to seek additional damages, including consequential or punitive damages.

 

  1. Limitation of Liability:

Kyndall Herman and The Athlete Dietitian LLC are 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.

  1. PAYMENT, PURCHASE, AND PAYMENT PLAN TERMS  General Payment Terms:

 When you pay for the program by credit card, you authorize and give permission to The Athlete Dietitian 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 through Stripe and the Teachable platform (depending on the payment method you choose at checkout), who may have privacy policies or security practices that are different than ours. The Athlete Dietitian LLC is not responsible for the merchant’s independent policies or practices.

 

  1.   Severability

The provisions of these Terms of Use shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of these Terms of Use shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms of Use as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.

 

  1. Entire Agreement

These Terms of Use contains the entire agreement between you and the Company. There are no other promises or conditions in any other agreement (oral or written) between you and the Company.

  1. Choice of Law + Venue

These Terms of Use shall be governed by the laws of the state of Colorado. Any action brought by any party arising out of or from these Terms shall be brought within the State of Colorado.

By purchasing and/or participating in the Program, you implicitly signify your agreement to all of the terms in these Terms of Use.


If you have any questions about the Terms of Use, please contact our support team at [email protected]



Terms of Use

1. Terms

By accessing this School, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this School are protected by applicable copyright and trademark law.

2. Use License

  1. Permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
      1. modify or copy the materials;
      2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
      3. attempt to decompile or reverse engineer any software contained on the School’s web site;
      4. remove any copyright or other proprietary notations from the materials; or
      5. transfer the materials to another person or 'mirror' the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on the School’s website are provided 'as is'. The School makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the School does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall the School be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the School’s website, even if the School or an authorized of the School has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on the School’s website may include technical, typographical, or photographic errors. The School does not warrant that any of the materials on its web site are accurate, complete, or current. The School may make changes to the materials contained on its web site at any time without notice. The School does not, however, make any commitment to update the materials.

6. Links

The School has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the School of the site. Use of any such linked website is at the user's own risk.

7. Site Terms of Use Modifications

The School may revise these Terms of Use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use.

8. Governing Law

Any claim relating to the School’s website shall be governed by the laws of the School Owner’s home jurisdiction without regard to its conflict of law provisions.