TERMS OF PARTICIPATION

Please READ carefully. By purchasing this product, the following Terms and Conditions are entered into by Shift Nutrition, Inc.. (“Company”, “we”, or “us”) and You (“Client” or “You”) agree to the follow terms stated herein.

PROGRAM/SERVICE

Shift Nutrition, Inc..(herein referred to as “Shift Nutrition, Inc.” or “Company”) agrees to provide Program, “Connected Eating” (herein referred to as “Program”) identified in online commerce shopping cart. As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

As part of the Program, the Company shall provide the following to Client:

A Password Protected Program Area: The Company shall maintain a Program Area that may include video, audio and written lessons, templates, worksheets, checklists, slide decks and other training and support information. You shall have access to this Program Area for as long as the Program Area exists, however no less than 120 days. In the event that Company intends to close the Program Area, it shall provide clients with a 30 day notice and the ability to download the core resources contained in the Program Area. You will have have access to weekly, live group sessions with Jessica Begg, for a period of 90 days.

From time to time, the Company will offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to you at the time of your enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the program and they vary depending on specific live and automated promotions throughout the year.

The Closed “Students Only” Facebook Group falls under this bonus category. This group is a “community ran group” meaning that students are encouraged to help each other. A Community Manager, employed by the Company, oversees the group to ensure it is running smoothly. Shift Nutrition will be live on video in the community for a minimum of 4 months of Q&A live sessions during your enrollment in the Program. You shall have access to this closed Facebook Group area for as long as the closed Facebook Group Area exists, however no less than 120 days. In the event that Company intends to close the closed Facebook Group Area, it shall provide clients with a 30 day notice.

The closed Facebook Group aims to be a safe area for group participants and Shift Nutrition to offer encouraging and positive support. In doing so, all participants are asked to be respectful to each other. If not, offending participants will be notified and removed from the group.

DISCLAIMER

The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Program.

For Educational and Informational Purposes Only. The information provided in the Program is for educational and informational purposes only, and it is made available to you as self-help tools for your own use. Although I am a Registered Dietitian and Clinical Counsellor, while providing information outside of a prior established health professional-patient relationship, you acknowledge that I am providing you with general information and tools for your educational and informational purposes only for yourself. By sharing information in the Program, I am providing this information solely for your educational and informational purposes and not as treatment as your Dietitian or Counsellor.

Not Medical or Mental Health Advice. The information provided in the Program is not to be perceived or relied upon in any way as medical advice or mental health advice, nor does it create a health professional-patient relationship in any way. I am not providing mental health care, medical or nutritional therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition pertaining to any individual outside of an established health professional-patient relationship that I currently may have with that person. In addition, the Program is not intended to be a substitute for the professional medical advice, diagnosis or treatment that can be provided by your own Medical Provider (including physician, nurse, dietitian or any other licensed health professional), Mental Health Provider (including psychiatrist, psychologist, therapist, counselor, or social worker).

Consult Your Own Physician or Health Care Provider. My intent is NOT to replace any relationship that exists, or should exist, between you and your own Medical Provider and Mental Health Provider. You should always seek the advice of your own Medical Provider and/or Mental Health Provider regarding any questions or concerns you have about your specific health situation, including but not limited to physical or mental health issues. I advise you to speak with your own Medical Provider or Mental Health Provider before implementing any suggestions obtained through the Program including but not limited to nutrition (food, vitamins and/or supplements), natural therapies, exercise and lifestyle habits. Do not disregard professional medical advice or delay seeking professional advice because of information you have received through the Program. You should not stop taking any medications without speaking to your own respective Medical Provider and/or Mental Health Provider. If you have or suspect that you have a medical problem, contact your own Medical Provider or Mental Health Provider immediately.

Personal Responsibility. I aim to accurately represent the information provided by or through the Program. You are acknowledging that you are participating voluntarily in the Proram, and you alone are solely and personally responsible for your choices, actions and results. As a clients of the Program, you acknowledge that you take full responsibility for your health, life and well-being for all decisions now and in the future.

No Guarantees. My role is to support and assist you in reaching your own health and lifestyle goals, but your success depends primarily on your own effort, motivation, commitment and follow-through. I cannot and do not guarantee that you will attain a particular result. The Program is not a weight-loss program. The Program uses a non-dieting, Health at Every Size and Intuitive Eating approach, which means the focus is on eating and physical activity that supports health, not weight-loss as an indicator of success. You accept and understand that results differ for each individual. Each individual’s health and wellness depends on his or her unique background, motivation and actions. As with any healthy lifestyle program, product or service, your results may vary, and will be based on many variables, including but not limited to your physical body, life experience, unique health, expertise, and level of commitment.

The information provided in the Program is for educational purposes only and is not intended to provide a medical diagnosis or substitute for individual medical, nutritional or psychological treatment. The information in the Program provides foundational information for people that would like to understand more about their struggle with emotional or disordered eating. However, we make no representations, guarantees or warranties that the information in the Program is appropriate for you or will result in improvement of your medical condition or function. The information in our Program is by no means complete or exhaustive and therefore does not apply to all conditions, disorders and health-related issues. The information and instruction in this Program is not intended to be therapy or medical advice, especially since we have not personally assessed you and prescribed treatment specific to your individual condition. Any reference to or mention of any particular diagnoses or dysfunctions is intended for informational purposes only and not an attempt to diagnose your particular problems.

Before you begin the Program, you should get medical clearance from your physician, dietitian or psychologist, if you have any medical conditions, diseases, injuries or disabilities. By purchasing this Program and embarking on the activities in it, you are assuming the risk that the activities may not be appropriate for you and may disrupt or increase your disordered eating behaviours. However, some disruption is a normal process when learning new ways of healthy eating. If this is outside what you think may be normal, it is recommended that you connect with your dietitian, counsellor or physician for further support.

The Program is not a weight-loss program. The Program uses a Health at Every Size and Intuitive Eating approach, which means the focus is on eating and physical activity that supports health over weight-loss as an indicator of success.

FEES

In consideration of your access to the Program, you agree to pay the following fees.

You may choose between a single payment of $997 USD (due immediately) or 3 monthly payments of $380 USD. If you elect to pay for the Connected Eating Course in full, you can pay in one payment of $997 USD (saving $143). If you select the payment plan, you must pay the initial payment today and then your selected payment method will be automatically charged the following 2 payments on a monthly basis, for a total payment of $1,140. If you opt for monthly payments, you will remain responsible for those payments unless you obtain a refund according to the Program’s Refund Policy set forth below. You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, the Company shall immediately suspend your access to the Program.

METHODS OF PAYMENT

If You elect for the payment plan, You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.

Regarding recurring payments and outstanding invoices: If all eligible payment methods we have on file for you are declined for payment of your monthly fee, you must provide a new eligible payment method promptly or your program access will be removed.

If you do not request a refund within the terms of the program with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan and you understand that your membership will automatically continue and you authorize us (without notice to you, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method we have on record for your account.

PROGRAM REFUND POLICY

The Company provides a 14 day, two module, money-back guarantee for the Program. This allows you to be able to complete a trial of two modules of the program within 14 days. If after completing two modules and you do not feel this is the right program for you, you can request a refund.

In the event that you decide your purchase was not the right decision, within 14 days of enrollment or after you have opened 2 modules, contact our support team at support@shiftnutrition.ca and let us know you’d like a refund by the 14th day at 11:59 PST.

We will NOT provide refunds if you have opened module three or after 14 days have passed from the date of purchase. After day 14, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you complete the program.

Please note: If you opted for a payment plan and you do not request a refund within 14 days, at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.

Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.

If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.

All refunds are discretionary as determined by Shift Nutrition, Inc.. To further clarify, we will not provide refunds after the 14th day from your date of purchase and all payments must be made on a timely basis. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: support@shiftnutrition.ca.

CONFIDENTIALITY

The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information.

Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participant to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than the Company, it’s owners and employees, and other Program participants.

NO TRANSFER OF INTELLECTUAL PROPERTY

All content included as part of the Program, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.

Your participation in the Program does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Program, You agree to observe and abide by all copyright and other intellectual property protection.

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program.

The Company content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

CLIENT RESPONSIBILITY

INDEPENDENT CONTRACTOR STATUS

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.

FORCE MAJEURE

The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

SEVERABILITY/WAIVER

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

MISCELLANEOUS

You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.

The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. The Company and/or its suppliers may make improvements and/or changes in the Program at any time.

The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program 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. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers 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 any way connected with the use or performance of the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program.

ASSIGNMENT

Client may not assign this Agreement without express written consent of Company.

MODIFICATION

Company may modify terms of this agreement at any time. All modifications shall be posted on the Shift Nutrition, Inc.'s website and purchasers shall be notified.

TERMINATION

The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, if You become disruptive to the Company or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

RESOLUTION OF DISPUTES

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts that are geographically nearest to Vancouver, BC CANADA.

OUR MINIMUM GUARANTEES

Unless otherwise noted, all products come with a 14 day guarantee. Longer conditional guarantees may apply, so check the sales material at the time of your order for details. If you do not understand or agree with any of these conditions, please do not order this material. If you require further clarification, please contact support@shiftnutrition.ca.