Accepting the Terms and Conditions of use. Please read these terms and conditions carefully before using the website or any of the related services, as they constitute a legally binding agreement between you and www.ShelbyMcDaniel.com and its affiliates (‘Us’, or ‘We’, ‘ShelbyKFitness, LLC’, ‘www.shelbymcdanielcoaching.com’) and check them periodically for changes. We may change the terms of this Agreement from time to time by posting notice on our website at www.ShelbyMcDaniel.com. Your continued use of the Service shall constitute your consent to any changes made. If you do not agree to the new terms, you should not use any Service(s).
DIET FREEDOM TRIAL OFFER, AUTOMATIC ENROLLMENT AND PAYMENT, AND CANCELLATION:
Where we offer you a trial of Diet Freedom subscription program, such trial will start immediately after your registration and continue for the trial offer period as indicated on the Website at the time you register. Trial subscriptions are only available to NEW subscribers of ShelbyMcDaniel.com and/or its affiliated domains, and for the limited periods as set out on the Website. Previous subscribers or those subscribers who have already benefited from a trial subscription to ClickFunnels do not qualify for a further trial period.
If you do not want to continue your subscription after your trial comes to an end, you must contact us at least 24 hours before your trial period ends by submitting a cancellation request to us via our support email address shelby@shelbymcdaniel.com. If you do not contact us at least 24 hours before your free trial period ends to cancel, your subscription will automatically continue and the payment card that you provided at the time of enrollment online will be charged the full Diet Freedom monthly membership subscription rate provided at the time of enrollment each month until you cancel. ShelbyKFitness, LLC can change the monthly membership subscription rate at any time. If the membership subscription rate changes after you subscribe, we will notify you by email and give you an opportunity to cancel.
If you wish to cancel your Diet Freedom subscription at any time after a free trial or discounted period ends, you must submit a cancellation request to us via our support email address shelby@shelbymcdaniel.com. For monthly subscriptions (including subscriptions for services), we require at least ten (7) days’ notice of cancellation by email. If you provide such notice less than ten (7) days before the first day of your next subscription month, your credit card may still be charged. You will not be entitled to prorate your last month’s use, nor will you be entitled to any refund for any payments to ShelbyKFitness, LLC.
Our programs take work and discipline just like any worthwhile endeavor or self-help continuing education program. As stipulated by law, we cannot guarantees about your ability to get specific results with our ideas, information, tools or strategies. More time and personal support may be needed beyond your curriculum, resources, and support provided. We don’t know you and your unique situation, we just want to help by giving great content, direction, and strategies. What we can guarantee is your satisfaction that the Diet Freedom subscription program is refreshing, effective when you put in the footwork, and not another quick fix diet program.
No Refund Policy for Private Coaching: You understand that there are no refunds for any private coaching services which includes but is not limited to a la carte private coaching sessions and private coaching packages. By agreeing to ShelbyKFitness, LLC’s terms and conditions, you understand that you are obligated to pay any coaching fee(s) and recurring service(s) fees agreed upon in writing or via transactional agreement between you and ShelbyKFitness, LLC. The only circumstances for which refunds will be provided is if the coach determines that the status of the client’s medical or mental health is above scope of practice and requires a referral to a specialist. Upon these circumstances, any unused time or sessions will be fully refunded. These refunds will be determined on a case by case basis.
Cancellation Policy of 1-on-1 Coaching Services: There are no cancellations of any long-term 1-on-1 coaching services being provided once initial payment is submitted, regardless if payment is a pay in full or a monthly payment plan payment. For those receiving 4 + weeks of 1-on-1 coaching, your time and coaching sessions in the program can only be delayed or put on hold for family emergencies or if a participant is on travel for minimum of 3 consistent weeks in duration. Clients whom have an unexpected serious illness or pregnancy during their enrollment can have their time in the program put on hold for longer than 3 weeks, exact duration of extension will be discussed and decided upon a per client basis. Please note only your time in the program can be delayed, your payments will continue as scheduled as there are no refunds or cancellations. If for any reason you choose not to complete the your program, you have the option to transfer your time remaining to another student already enrolled in the program. Our terms & conditions have been created to encourage you to learn how to build the skills necessary to manage your nutrition through every day life distractions and scenarios.
Coach Communication 1-on-1 Coaching Services: As coaches, we check our emails and voicemails daily. We will make every effort to respond to any emails or phone messages within 24-48 business hours. Please feel free to leave a message, as our voicemails are private and confidential. Our emails are also private and confidential, and is not at risk for accidental usage by another colleague, family member, or other.
Coaching Goals 1-on-1 Services: Coaching is a service that requires specialized training. It is designed primarily used to help clients with goal achievements. It is different than therapy, and while at times coaching may sometimes include therapeutic techniques, it is NOT psychotherapy. If during the course of coaching we find that therapy would be more appropriate for you versus coaching, we would be happy to make that recommendation. Please let your coach know if you are seeing a therapist concurrently with coaching. Coaching is not intended for medical, mental health, or legal problems. We do not prepare any reports for any insurance, employer, school, medical, government, or legal entity.
Scope of Practice: www.ShelbyMcDaniel.com or its affiliates do not treat patients, prescribe diets or supplements to treat medical and clinical conditions, prescribe diets to treat symptoms of medical and clinical conditions; nor diagnose medical conditions.
Your Membership Account: If you use this site or third party site used to deliver services such as Kajabi.com, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. www.ShelbyMcDaniel.com and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
Governing Law: By visiting this website or participating in any free or paid-for www.ShelbyMcDaniel.com services, you agree that the laws of the state Pennsylvania, United States, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and us or its associates.
Limitation on Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY INJURY, MEDICAL CONDITION, DEATH, ACT OF GOD, ACCIDENT, DELAY, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY (I) USE OR THE INABILITY (FOR ANY REASON) TO USE ANY PART OF THE SERVICE OR THE THIRD PARTY COMPONENTS, INCLUDING, WITHOUT LIMITATION, INACCURACIES OR ERRORS OF YOUR NUTRITION PLAN OR OTHER INFORMATION PROVIDED AS PART OF THE SERVICE, (II) IN CONNECTION WITH THE SERVICE’S FACTORS OF RISK OR THE REALIZATION THEREOF (III) THIS AGREEMENT OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR (IV) REPRESENTATIONS, WARRANTIES, ACTIONS OR INACTIONS OF ANY USER OR OTHERS (WHETHER OR NOT PROVIDED AS A RESULT OF THE SERVICE); IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. All of the above limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and are fundamental elements of the bargain between Us and you.
Indemnification: YOU RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AFFILIATES, FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), AND INCLUDING REASONABLE ATTORNEY’S FEES, RELATED IN ANY WAY TO: (I) YOUR USE OF, ACCESS TO OR RELIANCE ON THE SERVICE, THE NUTRITION PLAN, INCLUDING WITHOUT LIMITATION our actions or omissions while providing THE services; (II) YOUR CONTENT, PERSONAL INFORMATION AND REGISTRATION DATA; (III) ANY BREACH OF, OR DEFAULT IN, THIS AGREEMENT BY YOU; (IV) ANY ACT OR OMISSION OF YOU, WHETHER OR NOT ILLEGAL, NEGLIGENT, RECKLESS, OFFENSIVE, UNAUTHORIZED OR UNPROFESSIONAL; (V) ANY DEFECTIVE, CONTAMINATED OR MALICIOUS DEVICE OR SOFTWARE, INCLUDING WITHOUT LIMITATION VIRUSES, INTENTIONALLY OR NEGLIGENTLY DISSEMINATED BY YOU OR ORIGINATING FROM YOUR EQUIPMENT OR NETWORK; (VI) YOUR TNT NUTRITION ACCOUNT, BY YOU OR BY ANY ONE ACCESSING YOUR ACCOUNT WITH OR WITHOUT YOUR CONSENT. We will provide you with written notice of such claim, suit or action. You will not enter into any settlement or compromise of any such claim without our prior written consent. We reserve the right, in our sole discretion, to assume the exclusive defense and control of any matter subject to indemnification by you. In all events, you shall cooperate fully in the defense of any claim.
Proprietary Rights: Any content provided through the Service are protected by copyrights, trademarks, service marks, patents or other proprietary rights, both with respect to any content and as a collective work or compilation, pursuant to laws and national conventions. Any rights to such content or the Service not expressly granted herein are reserved. We make no claim of ownership as to the trademarks of any third party linked or displayed on the Service, or with respect to any publisher or publication mentioned on the Service.
General User Conduct: In connection with the Service, you agree (i) to abide by all applicable local, state, federal, and national laws and regulations, (ii) only make use of information that you own or have a right to use, and (iii) only act appropriately. Without limiting the above, you may not:
- Allow or facilitate a third party, to violate or infringe any rights of Us or others or our policies or the operational or security mechanisms of the Service.
- Use the Service and any Content in any way that restricts or inhibits the use of the Service.
- Alter, delete, forge, frame, copy, publicly display, publicly perform, rent, sell, hyper-link, create derivative works or otherwise interfere with or in any manner disrupt, circumvent, or compromise, any part of the Service (including without limitation trademarks and logos contained in the Service but excluding Content provide entirely by you).
- Access or attempt to access any of our systems, programs or data that are not made available for public use, or attempt to bypass any registration processes on the Service or any of the Service’s security and traffic management devices.
- Use any robot, spider, other automated device or any tool-bar, web-bar, other web-client, device, software, routine or manual process, to access the Service, submit Content, or monitor or scrap information from the Service.
Links to Other Websites and Applications and Services:
The Service may contain links and references to certain health care information, opinions etc’ or to websites, applications or services of others (the ‘Third Party Information’). We may, from time to time, at our sole discretion, add or remove Third Party Information. Such Third Party Information is provided solely as a convenience to you, and access to any such information is at your own risk. We encourage you to be aware when you leave the Service, and to read the terms and conditions and privacy policy of each other website and applications that you visit. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Information. In no event will We be responsible for the information contained in, transmissions received from, or your use of or inability to use, such websites or applications, or their practices.
