TERMS AND CONDITIONS

This Terms and Conditions of Use Agreement (the “Agreement”) is between You, the user, and Above Health Nutrition, LLC (“Above Health”). The Above Health brand is comprised of a website, associated widgets, livestreams, social media platforms, mobile applications and other distribution platforms (the “Sites”) operated by Above Health.


ACCEPTANCE OF TERMS:  The Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Sites and Services, as defined below, constitutes your agreement to all such terms, conditions, and notices.

The services provided by the Sites (the “Services”) are made available for your personal, non-commercial use only. 


PRODUCTS AND SERVICES: Above Health nutrition and health coaching via individual session and group courses, that are both live and pre-recorded (individually and collectively, the “Programs”), and can be accessed via your paid membership portal. 

USE OF THE SERVICE: You understand and are aware that the purpose of nutritional counseling is to improve your overall health, vitality, and well-being of your body through nutritional education, the use of natural foods, and non-medical nutritional supplements. You agree that the Program you chose to participate in with Above Health is undertaken of your own volition and that You are ultimately responsible for my health.  You acknowledge that your participation may present certain risks, and hereby assume any and all risks associated therewith, including, without limitation, the risk of physical or mental or emotional injury, minor and/or severe bodily harm, and/or illness, which arise by any means, including, without limitation: acts, omissions, recommendations or advice given by the Released Parties (defined below).

Notwithstanding the foregoing, You hereby agree to voluntarily accept and assume any and all such risks as well as any risks not mentioned herein that are in anyway associated with Your Participation, including those described in the Release of Liability, Agreement to Participate, and Assumption of Risk. You agree that by participating in a Program, You do so entirely at your own risk.


PAYMENTS: Payments made on the Sites are processed by third-party payment processors like Practice Better, Kajabi, and Stripe. You may choose to a store credit card on file within your accounts on each platform for: (1) incidental charges relating to your use of the Sites, (2) ease of transaction, and/or (3) auto-debit for Program enrollment (monthly) which do require a credit card on file. In such event that an incidental charge needs to be made, the cardholder and account holder gives permission to Above Health to charge the card on file for purchases made through the Site. Additionally, the cardholder and account holder may give permission to Above Health to charge the card for auto-debit memberships. 


AUTO-DEBIT: By enrolling in an auto-debit contract via a monthly Program purchase, you authorize Above Health to, on a recurring basis, automatically charge the debit or credit card account you specified, for the auto-debit plan associated with your account, on the billing due date. You understand and acknowledge that (1) Above Health will initiate transfers/charges pursuant to this authorization not to exceed the amount shown on the billing invoice and/or in connection with cancellation fees per the cancellation policy. Above Health may discontinue processing of recurring charges if it is unable to secure funds from your debit/card due to, but not limited to, insufficient or uncollected funds in the account or insufficient or inaccurate information provided; (2) if you are booked for a session past the subsequent billing date, and your debit/credit card fails to bill properly, that you may be removed from any sessions past the subsequent billing date and notified via electronic mail; (3) it is your responsibility to keep a current card on file with accurate billing information. Above Health cannot be held responsible for errors in processing due to expired or inaccurate information.


CANCELLATION POLICY; REFUND OF PURCHASES, EXPIRATION: Due to the nature of the offerings, no refunds will be given for any Program, or any other Service or offering on the Sites unless explicitly indicated that there is a refund policy. In this instance, the refund policy will be clearly stated when purchasing. 


If you have an individual private session booked with an Above Health representative, there is a strict 48-hour cancellation policy for all individual 1:1 sessions. If you cancel within a 48-hour window, or do not show up for your scheduled session, you will be charged the full amount for your session or forfeit the session if part of your Program.


Individual 1:1 sessions expire at the culmination of your Program. It is your responsibility to note your Program expiration date and schedule all Programs prior to culmination Session credits do not roll-over or extend past the duration of your Program. 


DELIVERY OF DIGITAL PRODUCTS AND SERVICES: After investing in a Program through Above Health You may access to the Program, in one of two ways. You will receive an email with a link that will direct You to create an account on various platforms, like Practice Better or Kajabi. 

In your respective account you will find any digital downloads pre-loaded into your account, or session credits credited to your account. 


RELEASE: You expressly agree to release and discharge Above Health and each of their respective parents, subsidiaries, related and affiliated companies, licensees, sponsors, successors, assigns and the directors, officers, employees, agents contractors, partners, shareholders, representatives and members of the foregoing entities or other persons affiliated with the Sites (the “Released Parties”) from all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the Released Parties for personal injury or property loss. 


MODIFICATION OF THESE TERMS OF USE: Above Health reserves the right to change the terms, conditions, and notices under which the Sites are offered, including but not limited to the charges associated with the use of the Services.


REGISTRATION INFORMATION: The Sites are not directed at children under eighteen years of age. By providing information about yourself to Above Health you are representing that you are eighteen years of age or older, or have a parent/guardian’s approval and supervision, and that you, or your parent/guardian, is of legal age to form a binding contract, and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. 


You also agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form available on our Sites; and (2) maintain and promptly update your information to keep it true, accurate, current and complete.


If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Above Health reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time.


PASSWORD PROTECTION; NO SHARING OF ACCOUNT INFORMATION: To access certain features of the Sites, such as materials for Program-members only, You will need a username and password. You agree to keep this information confidential and not share it with anyone else. If Above Health has reasonable grounds to suspect that You have shared your username and password with anyone else, or forwarded copyrighted materials such as video recordings, to any other person, Above Health has the right to suspend or terminate Your account and refuse all current or future use of the website, without refund. Further, excessive usage of the Sites will be assumed by Above Health to be fraudulent use, and your account will be immediately canceled without a refund.


HOSTING PLATFORM: Above Health is hosted on the Wix, Practice Better, Kajabi, and Circle platforms, which are responsible for all login/account information and payment transactions. In the event of technical issues with your account, Above Health refers You to Wix, Practice Better, Kajabi, or Circle support. Above Health does not have access to your account details. If you would like more information regarding Wix’s, Practice Better’s, Kajabi’s or Circle’s Privacy Policies and Terms of use, and how they how they collect and store information, we encourage You to visit their respective websites. 


LINKS TO THIRD PARTY WEBSITES: The Sites may contain links to other websites (the “Linked Sites”). The Linked Sites are not under the control of Above Health, and Above Health is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Above Health is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Above Health of the site or any association with its operators.


NO UNLAWFUL OR PROHIBITED USE: As a condition of your use of the Sites, You warrant to Above Health that You will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not send automated queries of any sort to the Sites without express permission in advance from Above Health. Similarly, You are not allowed to copy, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of, or modify the Sites in any manner.


COPYRIGHTED CONSENT: The Sites contain copyrighted material owned by Above Health and protected under United States copyright laws, including the Copyright Act of 1976. Any reproduction or unauthorized use shall constitute infringement. Duplicating, recording, modifying, republishing, uploading, posting, distributing, or otherwise sharing materials or information obtained through the Sites is considered stealing and Above Health may prosecute such misconduct to the fullest extent permitted by law. 


TRADEMARKS, NAMES, LOGOS: All trademarks, names, and logos used on the Sites or delivered via the Services are either owned by Above Health or a use right has been granted to Above Health. Your use of the Services and Sites does not allow you to infringe those rights or the rights of the third parties that may exist in material contained in the Sites. No license is expressly impliedly granted within or as a result of your use of the Sites or Services. Without the prior permission of Above Health, except in the utilization of our widgets or mobile applications, you agree not to display or use in any manner, any of the trademarks, names, and logo featured on the Sites for which you do not have personal rights.


MATERIALS PROVIDED TO ABOVE HEALTH OR POSTED ON THE SITES: Above Health does not claim ownership of the materials You provide to Above Health (including feedback, comments, and suggestions) or post, upload, input or submit to the Sites or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission You are granting Above Health permission to use your Submission in connection with the operation of their business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.


No compensation will be paid with respect to the use of your Submission, as provided herein. Above Health is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at the sole discretion of Above Health.


By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.


LIABILITY OF DISCLAIMER: THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ABOVE HEALTH MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME. 


ABOVE HEALTH MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITES 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. ABOVE HEALTH DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF ABOVE HEALTH FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ABOVE HEALTH 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 ANYWAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ABOVE HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.


TERMINATION AND ACCESS RESTRICTION: Above Health reserves the right, in its sole discretion, to terminate your access to the Sites and the related services or any portion thereof at any time, without notice.


PRIVACY POLICY: Above Health respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in our Privacy Policy. The Privacy Policy is expressly incorporated into this Agreement by this reference


GENERAL: To the maximum extent permitted by law, this agreement is governed by the Laws of the State of Massachusetts, United States, and you hereby consent to the exclusive jurisdiction and venue of courts in Suffolk County, Massachusetts, United States. In all disputes arising out of or relating to the use of the Sites. All claims and disputes arising under or relating to this Agreement are to be settled by arbitration in the State of Massachusetts, County of Suffolk, before one arbitrator. This arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class-action basis or in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties. The arbitration shall be administered under the rules of the American Arbitration Association and shall include a written record of the arbitration hearing. The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. Judgment on the Award may be entered in the State of Massachusetts, in the County of Suffolk.


Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of this Terms and Conditions of Use Agreement, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Above Health as a result of this agreement or use of the Sites. Above Health performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Above Health right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Above Health with respect to such use.


If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.


Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Above Health with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Above Health with respect to the Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.


This Agreement and your agreement to it and to use of the Sites and Services are for the benefit of Above Health and its affiliates, successors or assigns.


CONTACT:

Above Health Nutrition

hello@abovehealthnutrition.com