Please read the Terms of Use for the Program carefully and in their entirety before purchasing and using The PCOS Empowered Membership (hereinafter referred to as the “Program”). The Program and its content are owned by Amanda Rae Williams and Amanda Rae Wellness LLC.. (hereinafter referred to as the “Company”
Definitions: “Company”, “We”, “I”, “Our”, or “Us” means Amanda Rae Williams and Amanda Rae Wellness LLC.
“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Program.
“You” “User” or “Your” means the purchaser and person using the Program.
Thank you for purchasing The PCOS Empowered Membership (“Product”). All sales are final for this membership at the time of purchase. By clicking “Buy Now,” “Complete Order,” or any other phrase on the purchase button, entering your credit card information, or otherwise rendering payment (either in-full or partial) for the product for which these terms appear (“Membership”,"Product," “Course,” and/or “Program”), you (“Client” and/or “Customer”) agree to be provided with products, programs, or services by Amanda Rae Wellness LLC (“Company”), and you are executing a legally binding agreement with the Company, subject to the following terms and conditions:
Amanda Rae Wellness LLC (“Company”) is a company that provides health and nutrition educational resources. Company has created the PCOS Empowered Membership ("Product") to educate Customers on how to support their general health and wellness. The Product is a monthly recurring subscription that includes a private community, educational resources, and live office hours.
Term - This Term of this Agreement shall be three years from the date of initial purchase, with the exception of Sections 6 through 11, which shall survive the Term of this Agreement.
Termination - Client dissatisfaction with Company and/or Coach’s subjective teaching style, independent judgment, methods, or other techniques are not valid reasons for termination of this Agreement or request of any monies returned to Client. Even if Client does not complete all portions of the Program, Client is nevertheless responsible for all payments due and owed under this Agreement by making the first payment of the Program at checkout and executing these Terms and Conditions.
The Company reserves the right in its sole discretion to refuse or terminate your access to the Products and Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Products or Content affected by such cancellation or termination. The restrictions imposed on you in these TOU with respect to the Products and its Content will still apply now and in the future, even after termination by you or the Company. If you would like to cancel your access and participation in the Products, you must provide the Company with written notice (including e-mail). Your access to the materials and Content of the Products will be immediately terminated upon your notice of cancellation. You will not be issued a refund for any remaining days or months of the Products after your cancellation.
The Company is not medical doctors, psychologists/psychiatrists, or other licensed medical professionals. You are expected to discuss any changes to your health, diet, or exercise regimen with your physician or another medical professional first before trying them.
This Program is for informational and educational purposes only. The information and education provided in this Program are not intended or implied to supplement or replace professional medical treatment, advice, and/or diagnosis.
Although the Company will do our best to make sure all of the Program’s content is up to date and/or accurate, we do not make any representation that all the information is accurate or free of errors at all times.
We do not assume any responsibility for the accuracy of the Program’s information, or its safety or efficacy as it applies to you. You should review any and all changes to your diet, lifestyle, exercise regimen, or supplement routine with your medical professional.We do not offer any representations, guarantees, or warranties, of any variety, regarding the Program in any way. The Program is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law. We are not liable for damages of any kind related to your use of the Program.
The client understands that the Product has been designed by Company for general educational and informational purposes only, with the goal of teaching the Customer how to support their health and wellness. By using Company’s services and purchasing this Product, the Client accepts any and all risks, foreseeable or unforeseeable, arising from such a transaction. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from the use or misuse of the Program. Client agrees that use of this Product is at user’s own risk.
To the fullest extent permitted by law, Amanda Rae Wellness LLC expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Program, its materials, our website, or any other information obtained by you from us. By enrolling in the Program, you hereby agree to this limitation of liability and release Amanda Rae Wellness LLC from any and all claims.
By participating in and/or purchasing the Program, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless Amanda Rae Wellness LLC, our subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your purchase of or participation in the Program and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms of Use.
By enrolling in the Program, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless Amanda Rae Wellness LLC as stated in this section herein.
Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and his/her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.
This Product does not include individualized nutrition coaching, testing, or nutrition consulting.
Company reserves the right to substitute services equal to or comparable to the value of Product if reasonably required by the prevailing circumstances as determined exclusively by Company. This Product may be distributed by the Company either directly or through a third-party platform. Company reserves the right to substitute services equal to or comparable to the value of Product if reasonably required by the prevailing circumstances as determined by Company. Access to this Product is currently through a third-party platform, (“FG Funnels”). The company is not liable for any limitation of access to the Product caused by FG Funnels.
The Product has been developed for educational purposes only. The Company has established its proprietary Product in order to educate and inspire Customer to pursue his/her health goals. However, Customer hereby acknowledges that Company does not guarantee Customer’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the Product. Customer accepts and agrees that Customer is 100% responsible for his/her results from the Product. Customer acknowledges that, as with any investment, there is an inherent risk associated. As such, Customer agrees there is no guarantee that Customer will attain his/her goals by simply by using the Product.
(a) Automatic enrollment and payment: By purchasing The Product, you will automatically be enrolled and charged based on the membership level subscription you purchase. You will be billed either monthly, quarterly, or bi-yearly until you cancel your membership. If you do not wish to continue, you can cancel your membership at any time. By agreeing to opt into The Product, you agree to be charged a recurring membership fee, which will be billed either monthly, quarterly, or bi-yearly based on the membership level you purchase.
(b) When you pay for the Program by credit card, you authorize and give permission to Amanda Rae Wellness LLC to charge your credit or debit card for the amount owed for payment of the Program. When you purchase the Program, your information (i.e. credit card and contact info) may be collected by the third-party merchant Stripe (depending on the payment method you choose at checkout), which may have privacy policies or security practices that are different than ours. Amanda Rae Wellness LLC is not responsible for the merchant’s independent policies or practices.
(c) Client authorizes Company to charge the credit card or account used at checkout to complete all payments pursuant to the payment plan Client selected at checkout, and Client does not require separate authorization for each payment.
(d) If any payments fail, Client agrees to remedy the situation immediately (ie. update Client’s payment information, provide a new credit card, and/or make all past-due payments within 5 business days), or else Client forfeits his/her right to access the Product.
(e) The Client shall not threaten or make any chargebacks to the Company’s account or cancel the credit card that is provided as security without the Company’s prior written consent. Company reserves the right to collect any and all monies owed by Client to Company for the Program, by any means necessary within the parameters of the law. The Client shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees. In the event of a chargeback, Company reserves the right to report the incident to credit reporting agencies as a delinquent account.
(f) Any payments not received within 5 (five) days of their due date shall result in Customer breach of these terms and may result in the removal of access to the Program. Client shall still remain responsible for making all payments due and owing under this Agreement to Company in the event Client’s access to the Program is revoked.
All subsequent sales are final for this Program and all products and services produced. Due to the inherent nature of educational programs and the electronic transmission of the same, there are no refunds.
Confidential Information & Non-Disclosure - Company takes pride in its proprietary information included in each Product. As such, Customer agrees and acknowledges all Confidential Information shared through this Product and by the Coach is confidential, proprietary, and belongs exclusively to the Company.
“Confidential Information” includes, but is not limited to:
Any systems, sequences, processes or steps shared with Customer;
Any information disclosed in association with this Agreement;
Any systems, sequences, processes, or trade secrets in connection with the Product or Company’s business practices.
Testimonials - Company also agrees to protect Customer’s personally identifiable information. However, from time to time, Company may use general statements about Customer’s success for testimonials as part of Company’s marketing strategy. By agreeing to these Terms, Customer agrees to Company sharing Customer’s success stories as testimonials in any matter across any media at the sole discretion of Company.Non-Disparagement - Client agrees, during and/or after use of Product, to refrain from making any statements, whether oral or in writing, that negatively impact Company’s program, business, services, products, or reputation.
Intellectual Property - This Product and the related content shall be considered intellectual property owned by Company. Other examples of intellectual property owned by Company and within Company’s products include, but are not limited to: trademarks, service marks, layout, logos, business names, course/program/module names, design, text, written copy, certain images, podcast recordings, workbooks, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”).
Limited License - Company grants only a limited, personal, non-exclusive and non-transferable license to Customer to use the Intellectual Property for Customer’s personal and internal business use. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Client, nor grant any right or license other than those stated in this Agreement. Customer acknowledges that his/her purchase of this Product is for his/her/its single individual use. Customer shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or parts of the Program without prior written consent or unless provided otherwise.
If Customer is also a business owner or professional in a similar industry, Customer shall not misappropriate any of Company’s Intellectual Property and proprietary information in the following manner:
Teaching Customer’s clients/customers/audience any of the information, methods, solutions, or formulae owned by Company and passing it off as Customer’s own;Copying any of Company’s Product content and/or material for Customer’s commercial use;
Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Company in either whole or part without prior written consent.
Customer hereby acknowledges that Company is not liable for any injuries that may arise from Customer’s actions, omissions, or decisions based on Customer’s participation in this Program or use of this Product, including but not limited to: a decision to leave a job, a decision to invest in an opportunity, a decision to start a business, any of Client’s business decisions, any of Client’s financial decisions. Client hereby agrees to indemnify and hold harmless Company of any claims that may arise after use of this Product. Access to this Product is currently through a third-party platform, FG Funnels. Company is not liable for any limitation of access to the Product caused by FG Funnels.
You'll have lifetime access to the Product you are purchasing for as long as the Product exists. If the Product you purchase is retired (discontinued), you will no longer have access to it. Amanda Rae Wellness LLC cannot guarantee that notice will be provided prior to discontinuing a Product.
Amendments - We reserve the right to amend this Agreement from time to time. Any amendments must be agreed in writing and executed by both parties.
Headings & Severability - Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.
Entire Agreement - This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.
All Rights Reserved - All rights not expressly granted in this Agreement are reserved by us.
Governing Law - Company is located in the United States and is subject to the applicable laws governing the United States. The governing law for this agreement is the laws of Virginia.
Arbitration - Any disputes arising under this Agreement shall first be resolved through a binding arbitration.
Maximum Damages - Client agrees and acknowledges that the maximum amount of damages that Client may be entitled to in any claim arising from this Agreement or Program shall not exceed the total cost of the Program.
Execution – Customer agrees to accept the above Agreement in its entirety when Customer selects and confirms “I agree to the Terms & Conditions” at the Product checkout page and by rendering first payment.
These Terms of Use shall be governed by the laws of the state of Virginia. Any action brought by any party arising out of or from these Terms shall be brought within Chesapeake, VA.
By purchasing and/or participating in the Program, you implicitly signify your agreement to all of the terms in these Terms of Use.If you have any questions about the Terms of Use, please contact Amanda Rae Wellness LLC at amanda@araewellness.com. Thank you.