This Terms and Conditions Agreement (“Agreement”) is between All About Habits doing business via the website allabouthabits.com and You (“User” or “you”) regarding a program you wish to purchase through All About Habits.
This Agreement is a binding legal contract; please review it in full. By purchasing a program, product, or course (the “Program”) via the allabouthabits.com website, you expressly agree to be bound, without modification, to this Agreement. If you do not agree to be bound to this Agreement, you cannot purchase the Program.
Our Site and Services are not intended for use by individuals under the age of 18 (a “Minor”) unless a Minor has obtained prior consent to use our Site or Services. Use of our Site or Services by a Minor without such consent is strictly prohibited. All About Habits specifically disclaims any and all responsibility or obligation to monitor or verify the age or legal status of any Client. All About Habits will have no liability resulting from any use of our Site or Services by any Minor.
If you are purchasing the Program on behalf of an organization, you warrant that you are authorized to bind that organization to legal agreements, and as such, that organization accepts this Agreement, and all the terms of this Agreement apply to that organization.
All About Habits may amend this Agreement at any time by sending you a revised version at the email address you provide us, and you automatically become bound by the latest version of the Agreement unless you withdraw from the Program. You have an affirmative duty to notify us of any changes to your email address and to review any changes to the Agreement.
This Agreement was last modified on February 3, 2020.
You will receive the services and/or materials as described on the webpage for the Program that you purchased.
You must be willing to review all Program materials and participate fully in the Program to achieve results. You understand that any abusive, negative, or inappropriate conduct with All About Habits staff or any of the other Program members is a material breach of this Agreement. If you receive any one-on-one coaching services as part of the Program, you agree to comply with all guidelines regarding the scheduling of sessions, and you agree to show up on time and well-prepared for all sessions.
You agree to pay, and authorize All About Habits’ third party payment processor to charge using your selected payment method and payment plan, for all applicable fees and taxes that may accrue in relation to your subscription to use our Services or purchase our products (such as the 12 Week Body & Mind Transformation program and the How to Become a Non-Smoker program). All fees are in US Dollars.
All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a Product or Service will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices are inclusive of all applicable taxes.
You are responsible for providing complete and accurate billing and contact information to us. We may suspend or terminate the Services if fees are 30 days past due. All About Habits is not responsible for charges or foreign exchange rates applied by your Credit Card Company and/or financial institution. You are responsible for providing complete and accurate billing and contact information to us. We may suspend or terminate the Services if fees are 30 days past due.
If you email [email protected] within the first 7 days of your purchase of any program that you wish to receive a refund, All About Habits will cancel your purchase and refund your payment. Upon cancellation and refund, you will no longer receive access to the Program.
Forum/Group Discussion Rules
The Program may include membership in an online forum such as a private Facebook group. If so, you agree to comply with the rules of the Program online forum, including: you will not use the online forum to post spam, including promotions or advertisements for other products and services; you will not use the online forum to abuse, defame, harass, threaten, or post objectionable or illegal content, including hate speech and pornography; you will only post content that you own or have a license to post; you will not post content that infringes on a copyright or trademark; All About Habits may moderate, edit, or delete posts at any time, at All About Habits’ sole discretion; and All About Habits may ban a member from the group at any time, for violating the above rules, without any refund or appeal. Any information you provide to All About Habits and other members in a forum group is not confidential. However, you agree that you will respect the privacy of fellow Program members, and will not repost or share the information provided by a fellow Program member with any third party, including on the Internet or via social media.
Intellectual Property. All About Habits owns the copyrights and other intellectual property rights over any materials provided in the Program under this Agreement. You have a license to use such materials only for your own individual, private use. You are not allowed to reproduce, share, distribute, or sell these materials, including on the Internet or via social media. Some of the materials provided in the Program were created by third parties and are used by All About Habits with permission.
Term. This Agreement begins when you purchase the Program and will continue until the Agreement is terminated under this section. If either party materially breaches this Agreement, the other party may terminate this Agreement upon five (5) days written notice, unless the breach is cured within the notice period.
No Guarantees or Warranties. The Program is for your education and information. All About Habits cannot and does not guarantee that any specific results will be obtained from the Program, because your results involve factors beyond the control of All About Habits, including your experience, current health conditions, and future efforts.
OUR COACHES, WRITERS, AND EMPLOYEES ARE NOT HEALTHCARE PROFESSIONALS. OUR SERVICES AND THIS SITE DO NOT PROVIDE OR OFFER AND ARE NOT A REPLACEMENT FOR, PROFESSIONAL MEDICAL EVALUATION, ADVICE, DIAGNOSIS OR TREATMENT (“MEDICAL ADVICE”). All About Habits provides the services for informational purposes only. Based on the information that you request and/or provide to us, All About Habits provides you: access to general health education and information; nutritional and other fitness information from our Coaches and Programs; and references to other resources. While All About Habits believes that the information provided through our Services and the Site is current and reliable, All About Habits cannot and does not make any such guarantee or warranty.
YOU HEREBY AGREE THAT, BEFORE USING OUR SERVICES, YOU WILL CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER FOR MEDICAL ADVICE, PARTICULARLY IF YOU ARE AT RISK FOR PROBLEMS ARISING FROM CHANGES IN YOUR DIET OR LIFESTYLE. Our Services are not intended to be used by Minors or individuals with health conditions that make the kind of changes to diet or lifestyle suggested by our Services unsafe or inappropriate.
Furthermore, All About Habits shall have no obligation or responsibility to monitor your health status or health condition or to contact or alert any medical or emergency professional. All About Habits shall not be liable to you for your reliance on any information obtained through the use of the Services or this Site, and All About Habits disclaims all liability in connection with such information. This disclaimer shall not extend to damages caused directly and solely by All About Habits’ gross negligence or wilful misconduct.
Your Warranties and Indemnification. You warrant that any materials you upload to the online discussion groups do not infringe upon the copyright, trademark, trade secret, publicity rights, or other intellectual property interests of any other person or property, and are not in violation of any laws or regulations of any applicable jurisdiction. You agree to indemnify All About Habits against all claims and damages arising out of your breach or alleged breach out of any representations, warranties, or agreements made by you under this Agreement and your participation in the Program.
Force Majeure. Neither Party will liable hereunder for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is on account of causes beyond its control, including labor disputes, civil commotion, war, fires, floods, inclement weather, government regulations or controls, casualty, government authority, strikes, terrorism, hacker attacks, widespread internet outages, or acts of God, in which event the non-performing party will be excused from its obligations for the period of the delay and for a commercially reasonable time thereafter.
Waiver of Consequential Damages. No party will be liable to another party or any person, firm, corporation or other business association claiming by, through or under any theory of tort, contract, strict liability or other legal or equitable theory for lost profits, exemplary, punitive, special, incidental, indirect, or consequential damages, whether or not any party or entity has been advised of the possibility of such damages.
No Waiver. None of the terms of this Agreement can be waived or modified except by an express agreement in writing signed by all the parties. Failure to enforce any provision of this Agreement or any of the rights herein will in no way be considered a waiver of such provisions or rights.
Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous written or oral agreements between them with respect to the subject matter contained herein.
No Assignment or Transfer. You may not assign, sub-license, or transfer this Agreement (including your login/password information) to any other person or entity. Sharing your login information with any other person is a material breach of this Agreement.
Choice of Law. This Agreement will be governed by, and construed in accordance with, the laws of the State of Missouri.
Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remainder of this Agreement will not in any way be affected or impaired.
Reporting Copyright Infringement (DMCA). All About Habits complies with the terms of the Digital Millennium Copyright Act. To report a claim of copyright infringement, please send a claim to our official agent at [email protected], containing the following information:
- Your contact information (name, mailing address, phone number).
- A description of the copyrighted work that you believe was infringed.
- A description of the content on this site that you believe is infringing on your copyright. If possible, please include a web address/link.
- A declaration that: you have a good faith belief that the use of the copyrighted materials described was not authorized by the copyright owner, agent, or the law; that the information in your notice is accurate, and that you declare, under penalty of perjury, that you are the owner of the allegedly infringed copyright or you are authorized to act on behalf of the copyright owner.
- Your digital or physical signature.
Any questions about the Agreement can be directed to [email protected]