TERMS OF PARTICIPATION
Please READ carefully. By purchasing this product, the following Terms and Conditions are entered into by Whole Life-Nutrition, LLC dba Simply28® Nutrition (“Company”, “we”, or “us”) and You (“Client” or “You”) agree to the follow terms stated herein.
PROGRAM/SERVICE
Whole Life-Nutrition, LLC dba Simply28® Nutrition (herein referred to as “Whole Life-Nutrition, LLC dba Simply28® Nutrition.” , “we”, “us” or “Company”) agrees to provide Nutritional Therapy & Coaching Programs (herein referred to as “NTCP” or “Program”) identified in online commerce shopping cart or individual invoicing. As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
As part of the Program, the Company shall provide the following to Client:
A Password Protected Program Area: The Company shall maintain a Program Area that will include video, audio and written lessons, templates, worksheets, checklists, slide decks and other training and support information. You shall have access to this Program Area for as long as the Program Area exists. In the event that Company intends to close the Program Area, it shall provide clients with a 30-day notice and the ability to download the core resources contained in the Program Area.
From time to time, the Company will offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to you at the time of your enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the program and they vary depending on specific live and automated promotions throughout the year.
DISCLAIMER
The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Program.
Client understands that Lacee Cunningham, FNTP (NTP) and Whole Life-Nutrition, LLC dba Simply28® Nutrition., is not an employee, agent, lawyer, doctor, manager, registered dietician, or other licensed health care practitioner. The information and content provided on this site, as a part of any products, programs, speaking engagements, or coaching services presented by Lacee Cunningham, Functional Nutritional Therapy Practitioner (FNTP) also known as Nutritional Therapy Practitioner NTP), is not intended and cannot diagnose, treat or cure any illness or disease. Lacee Cunningham is not a medical doctor and makes no claim to diagnose, treat or cure disease but rather to support overall wellness through individualized nutrition. Always consult with your physician before making changes to diet, lifestyle or prescriptions. Nutritional therapy is not covered by insurance. All costs are the sole responsibility of the client. Every effort has been made to accurately represent our programs and the value they provide. However, there is no guarantee that the materials presented will cure any illness or disease or alleviate symptoms. You should not rely on any material presented on this website, within courses, articles or other media connected with Whole Life-Nutrition, LLC dba Simply28® Nutrition as any kind of promise, guarantee or expectation. Your results will be determined by a number of factors over which we have no control. We provide content without any express or implied warranties. By continuing to use our site and access our content, you agree that you are responsible for any decision you make regarding any information presented or as a result of purchasing any of our products or services. Statements on this site and in our products and programs have not been evaluated by the FDA. Neither our products or our literature are intended to diagnose, treat, cure or prevent any illness or disease. Please consult with your doctor before beginning any treatment.
FEES
In consideration of Your access to the Program, you agree to pay the following fees.
The fee for the program is as advertised on the course Sales page. Should a payment plan be offered, the options will be listed on the course Sales page and may be more than the single payment option. If you select the payment plan, you must pay the initial payment today and then your selected payment method will be automatically charged in equal payments on a monthly basis, for a total payment of the course offering with payment plan. If you opt for monthly payments, you will remain responsible for those payments unless you obtain a refund according to the Program’s Refund Policy set forth below. You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, the Company shall immediately suspend your access to the Program and reserves the right to take legal action to collect the unpaid payments.
METHODS OF PAYMENT
If You elect for the payment plan, You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.
Regarding recurring payments and outstanding invoices: If all eligible payment methods we have on file for you are declined for payment of your monthly fee, you must provide a new eligible payment method promptly or your program access will be removed.
If you do not request a refund within the terms of the program with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan and you understand that your membership will automatically continue and you authorize us (without notice to you, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment
NUTRITIONAL THERAPY & COACHING PROGRAMS NO REFUND POLICY
Nutritional Therapy includes an in-depth, individualized Assessment of Your nutritional health, evaluation of symptoms, potential deficiencies, and overall need for functional support. The results of Your Assessment and personalized protocol will be delivered privately in an online meeting room and may be recorded by Us or You for your personal use only. Extended coaching may be either one on one or in a group format depending on the program offered.
Nutritional Therapy is not covered by insurance. The company will not bill insurance companies nor provide insurance billing codes for services rendered. The cost of Nutritional Therapy is solely Your responsibility.
DUE TO THE NATURE OF NUTRITIONAL THERAPY AND THE ASSESSMENT PROCESS, NO REFUNDS ARE OFFERED FOR NUTRITIONAL THERAPY & COACHING PROGRAMS.
To learn more about Nutritional Therapy and our Coaching Programs prior to purchase, we offer a FREE 20-minute consultation to determine if the Program is right for you and to determine if You and We are a good fit to proceed with the Program.
Should you choose to complete a FREE consultation, it is Your responsibility to schedule the consultation prior to purchasing the Nutritional Therapy and Coaching Program. You can schedule a FREE consultation at www.Simply28.com/consultation.
If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: contact@simply28.com.
CONFIDENTIALITY
The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information.
Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participant to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than the Company, it’s owners and employees, and other Program participants.
NO TRANSFER OF INTELLECTUAL PROPERTY
All content included as part of the Program, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.
Your participation in the Program does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Program, You agree to observe and abide by all copyright and other intellectual property protection.
You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program.
The Company content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.
You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
CLIENT RESPONSIBILITY
The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information.
Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participant to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than the Company, it’s owners and employees, and other Program participants.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
FORCE MAJEURE
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
SEVERABILITY/WAIVER
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
MISCELLANEOUS
You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.
The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. The Company and/or its suppliers may make improvements and/or changes in the Program at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program. for errors or omissions that may appear in any of the program materials.
ASSIGNMENT
Client may not assign this Agreement without express written consent of Company.
MODIFICATION
Company may modify terms of this agreement at any time. All modifications shall be posted on the Whole Life-Nutrition, LLC dba Simply28® Nutrition’s website and purchasers shall be notified.
TERMINATION
The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, if You become disruptive to the Company or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
RESOLUTION OF DISPUTES
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts that are geographically nearest to Eureka, CA.
EQUITABLE RELIEF
In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
HEALTH & MEDICAL DISCLAIMER
The information and content provided on the Website, as a part of any products, programs, speaking engagements, or coaching services presented by Lacee Cunningham, Functional Nutritional Therapy Practitioner (FNTP) also known as Nutritional Therapy Practitioner NTP), is not intended and cannot diagnose, treat or cure any illness or disease. Lacee Cunningham is not a medical doctor and makes no claim to diagnose, treat or cure disease but rather to support overall wellness through individualized nutrition.
Always consult with your physician before making changes to diet, lifestyle or prescriptions. Nutritional therapy is not covered by insurance. All costs are the sole responsibility of the client.
Every effort has been made to accurately represent our programs and the value they provide. However, there is no guarantee that the materials presented will cure any illness or disease or alleviate symptoms. You should not rely on any material presented on this website, within courses, articles or other media connected with Whole Life-Nutrition, LLC dba Simply28® Nutrition as any kind of promise, guarantee or expectation. Your results will be determined by a number of factors over which we have no control. We provide content without any express or implied warranties.
By continuing to use our site and access our content, you agree that you are responsible for any decision you make regarding any information presented or as a result of purchasing any of our products or services. Statements on this site and in our products and programs have not been evaluated by the FDA. Neither our literature nor our products are intended to diagnose, treat, cure or prevent any illness or disease. Please consult with your doctor before beginning any treatment.
OUR MINIMUM GUARANTEES
Unless otherwise noted, all products, with the exception of Nutritional Therapy and Coaching Programs, come with a 30 days guarantee. Other conditional guarantees may apply, so check the sales material at the time of your order for details.
Please be advised, Nutritional Therapy & Coaching Programs DO NOT come with a money back guarantee or refund policy of any type and ARE NOT subject to the minimum guarantee. If you do not understand or agree with any of these conditions, please do not order this material. If you require further clarification, please contact contact@simply28.com.
Whole Life-Nutrition, LLC dba Simply28® Nutrition.
Email Address: contact@simply28.com
Last updated: December 8, 2023
