Terms & Agreement - The Foundation®

By submitting payment, clicking “Buy Now,” “Purchase,” “Download” or any other phrase on the button for this product to be sent to you, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by Jaime Mass Nutritionals LLC (“Coach”) and you are entering into a legally binding agreement to purchase The Foundation® (“Program”) with the Company, subject to the following terms and conditions:

TERMS.
a. The scope of services rendered by the Coach pursuant to this contract shall be solely limited to those contained therein and/or provided for on Coach’s Website jaimemass.com as part of the Program.
b. Coach reserves the right to substitute services equal to or comparable to the Program for Client if reasonably required by the prevailing circumstances.

DISCLAIMERS.

By participating in this Product or Program, Client acknowledges that the Coach is not a medical doctor, psychologist, therapist, attorney, or financial advisor, and her services do not replace the care of other professionals. The information in this Program is in no way to be construed or substituted as psychological counseling or any other type of therapy or professional advice.

Any testimonials, earnings, or examples shown through Coach’s website, sales page or associated material are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the use of Coach’s programs, courses, and/or services. Client acknowledges that Coach has not and does not make any representations as to a future outcome of any kind that may be derived as a result of use of Coach’s website, programs, products or services.

Earnings Disclaimer: Coach also does not make any guarantees or assurances regarding a particular financial outcome based on use of Program, nor is Coach responsible for Client earnings, or any increase or decrease in finances based upon information within Program. Any information or testimonials regarding past or current clients’ participation in programs, or working with Coach contained on Website or in sales material that contain financial information are individual, and results may vary.

DISPARAGEMENT.

If at any time Client is found to be disruptive, making disparaging or defamatory comments about Program, Jaime Mass Nutritionals LLC, or Coach or otherwise negatively impacting Program for others and hindering or distracting other Clients from their own success, Jaime Mass Nutritionals LLC reserves the right to remove Client from Program, without refund. Client understands this, and knows this is a risk if he/she elects to act in such an inappropriate manner. Client agrees this is a suitable remedy and action should he/she act in any of the ways outlined above.

PAYMENT AND REFUND POLICY.
(a) Upon Purchase or Download of the product, Client agrees to pay to the Coach the full purchase amount.
(b) To ensure that clients are fully committed to the Product or Program the Coach does not offer refunds.
(c) If a payment plan option is available and Client selects this option, Client agrees to pay fees to the Coach according to the payment schedule set forth in the product description
(d) Credit Card Authorization (if applicable for payment plan). Each Party hereto acknowledges that Coach will charge the credit card chosen by the Client.
(e) In the event Client fails to make any of the payments within a payment plan during the time prescribed, Coach has the right to immediately disallow participation by Client until payment is paid in full, including disallowing access to modules, materials, and/or coaching calls if a part of this Program. If Client has not paid within fourteen (14) days, Coach has the right to terminate agreement and reserves the right to take legal action to collect payment.

INTELLECTUAL PROPERTY RIGHTS.

In respect of the documents specifically created for the Client as part of this Product or Program, the Coach maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Coach to the Client, nor grant any right or license other than those stated in this Agreement. The Coach reserves the right to immediately remove Client from the Program, without refund, if they are caught violating this intellectual property policy.

Following Client’s participation in Program, Client will have gained access to various trade secrets and personal intellectual property of Coach, including but not limited to materials such as verbal advice, mindset guidance, written templates, modules, technical information, business advice, and/or other information that may have become available for use through Client’s participation in Program. Client understands and acknowledges that this information is not to be openly shared with others who have not purchased the Program, without permission from Coach or Jaime Mass Nutritionals LLC.

Client agrees not to share, copy, or distribute any documents or other proprietary information obtained through Program, and agrees that he or she will be in violation of these Terms of Use if he or she uses any of the Content outlined as his/her own material, or repurposes and uses the Content in his/her own business as a product or service being offered for sale, without express written permission of Coach. Client also understands and agrees he/she will not disclose or use any information provided to Client as part of her participation in Program, other than for personal use in her own business without prior written permission from Coach.

RIGHTS OF OTHERS.

Client also understands that due to the “group” nature of Program, he/she may also obtain access to or otherwise become exposed to confidential or proprietary information belonging to other clients and or coaches within the same group program via group coaching calls available to members. Client understands and agrees he/she will not disclose, steal, use, distribute, copy, or otherwise share or use any proprietary or confidential/personal information belonging to another client or coach in the group program. Client understands if he/she violates this provision, he or she may be liable to the third-party group member or Coach for infringement. Client will hold Coach harmless from any such third-party action taken against Client for such infringement or disclosure.


DISCLAIMER OF WARRANTIES.

The information, education, and coaching provided to the Client by the Coach under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.

LIMITATION OF LIABILITY.

By participating and using Jaime Mass Nutritionals LLC services and purchasing this Program, Client accepts any and all risks, foreseeable or unforeseeable, arising from such transaction. Client agrees that Coach will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Program. Client agrees that use of this Program is at user’s own risk.

DISPUTE RESOLUTION.

Should a dispute arise between Coach and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Coach responsible for any specific results, or those results which have been achieved by other clients of Coach.)

If unable to reach a resolution informally, prior to commencement of a lawsuit Client and Coach agree that all disputes will be submitted to non-binding mediation in Broward County, Florida, within a reasonable amount of time. Client and Coach agree to participate in the mediation process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. Any settlement during mediation is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.

GOVERNING LAW.

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, within the United States of America, regardless of the conflict of laws principles thereof.

VENUE.

The sole and exclusive venue for resolution of all Disputes hereunder shall be in state court located in Broward County, Florida. The parties expressly consent to personal jurisdiction in Florida and waive any challenges to exclusive venue in courts located in Broward County, Florida.

INDEMNIFICATION.

Client agrees at all times to defend, fully indemnify and hold Coach and any affiliates, agents, team members or other party associated with Coach harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s use of Program, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Program. Should Coach be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Coach’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Coach, free of charge.

INCLUDED SERVICES:

Included in the Program for the lifetime of Jaime Mass Nutritionals LLC or duration of program:
All modules included in The Foundation®- (including videos & any PDF documents).
Any additional video lessons as deemed fit by Coach.

Included in the Program for 6 months from date of purchase:
Access to monthly group Q&A calls