Terms of Service
1. AGREEMENT OVERVIEW:
1.1. These terms and conditions ("Terms") constitute an agreement between you ("Participant," "you," or "your") and Rachel Scheer Nutrition Certification ("RSN Certification," "we," "us," or "our").
1.2. By accessing Rachel Scheer Nutrition programs including, but limited to RSN Functional Wellness Coaching and the RSN Certification materials, website, or participating in any certification program, you agree to be bound by these Terms.
1.3. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
2. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION:
2.1. RSN is not responsible for information made available on this site that is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
2.2. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
3. MODIFICATIONS TO THE SERVICE AND PRICES:
3.1. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
3.2. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
4. REFUND POLICY:
4.1. Rachel Scheer Nutrition maintains a no refund or exchange policy for services purchased.
4.2. Digital products provided by Rachel Scheer Nutrition are considered non-refundable due to their intangible nature. Once these digital products have been emailed, downloaded, and/or opened, they are considered "used." Should you find our services unsatisfactory, your sole recourse is to discontinue usage of the services.
4.2. In the event that you choose to cease using our services (and) or programs before the conclusion of your billing cycle, please be aware that we are unable to provide any refund, either partial or in full, for the remaining duration of your cycle.
4.3. It is essential to underscore that Rachel Scheer Nutrition does not issue refunds, credit, or prorated billing for canceled subscriptions.
4.4. To initiate the cancellation of your subscription, kindly contact us at: [email protected]. You must complete a cancellation survey form before your subscription can be canceled. Upon receipt of your survey, our customer service will commence processing your cancellation request.
5. CERTIFICATION PROGRAM:
5.1. The RSN Certification program includes educational materials, resources, and assessments related to nutrition and wellness.
5.2. Participants are responsible for ensuring they meet the program requirements and adhere to the guidelines provided by RSN Certification.
6. COPYRIGHT AND INTELLECTUAL PROPERTY:
6.1. All content, materials, and resources provided by RSN Certification, including but not limited to text, graphics, logos, images, audio clips, and software, are the property of RSN Certification and are protected by copyright and intellectual property laws.
6.2. Participants may use the materials solely for personal, non-commercial purposes related to the RSN Certification program.
6.3. Reproduction, distribution, or unauthorized use of RSN Certification materials is strictly prohibited.
7. REPORTING COPYRIGHT INFRINGEMENT:
7.1. Rachel Scheer Nutrition ("RSN") respects the intellectual property rights of others and expects users of RSN Certification materials to do the same.
7.2. If you believe that any content associated with RSN Certification infringes upon your copyright, please notify us promptly by sending a written notice to our designated copyright agent at [Designated Agent's Contact Information].
8. NOTICE OF INFRINGEMENT:
8.1. To be effective, the notice of infringement ("Notice") must include:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the infringing material and information reasonably sufficient to permit RSN to locate the material.
- Contact information of the notifying party, including address, telephone number, and email address.
- A statement that the notifying party has a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the Notice is accurate and, under penalty of perjury, that the notifying party is authorized to act on behalf of the copyright owner.
9. ACTION TAKEN REGARDING COPYRIGHT INFRINGEMENT:
9.1 RSN may, in its sole discretion, terminate the account of any user who is found to be a repeat infringer.
9.2. RSN reserves the right to take legal action against any individual or entity found to be infringing upon the copyrights associated with, but not limited to RSN Certification materials.
9.3. RSN reserves the right to take legal action, including but not limited to seeking injunctive relief and pursuing damages to the full extent permitted by law, against any individual or entity found to be infringing upon the copyrights associated with RSN Certification materials.
10. CHANGES TO COPYRIGHT INFRINGEMENT:
10.1. RSN reserves the right to update, modify, or change this Copyright Infringement section at any time. Users are responsible for regularly reviewing this section.
11. CERTIFICATION REQUIREMENTS:
11.1. Participants must fulfill all requirements outlined by RSN Certification to successfully complete the program.
11.2. RSN Certification reserves the right to modify certification requirements and program content at its discretion.
12. TERMINATION:
12.1. RSN Certification reserves the right to terminate a participant's access to the program if there is a violation of these Terms or for any other reason deemed appropriate by RSN Certification.
13. LIMITATION OF LIABILITY:
13.1. RSN Certification is not liable for any direct, indirect, incidental, consequential, or special damages arising from participation in the certification program.
14. CHANGES TO TERMS:
14.1. RSN Certification reserves the right to update, modify, or change these Terms at any time. Participants are responsible for regularly reviewing these Terms.
15. OPTIONAL TOOLS:
15.1. RSN may provide access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
15.2. Any use of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
15.3. RSN may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
16. THIRD-PARTY LINKS:
16.1. Certain content, products and services available via our Service may include materials from third-parties.
16.2. Third-party links on this site may direct you to third-party websites that are not affiliated with RSN.
16.3. RSN is not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
16.4. RSN is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
16.5. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
17. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS:
17.1. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that RSN may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
17.2. RSN may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
17.3. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
17.4. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
18. ERRORS, INACCURACIES AND OMISSIONS:
18.1. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
18.2. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
19. PROHIBITED USES:
19.1 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
20. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY:
20.1. RSN does not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
20.2. RSN does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
20.3. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
20.4. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
20.5. In no case shall Rachel Scheer Nutrition, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
20.6. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
21. INDEMNIFICATION:
21.1 You agree to indemnify, defend and hold harmless Rachel Scheer Nutrition and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
22. SEVERABILITY:
22.1. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
23. GOVERNING LAW:
23.1. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.
24. ENTIRE AGREEMENT:
24.1. These Terms constitute the entire agreement between the participant and RSN Certification and supersede all prior agreements and understandings.
25. CONTACT INFORMATION:
25.1. For questions or concerns regarding these Terms, please contact [email protected].
