Terms and Conditions

Updated 1 January, 2019

Introduction

 

These terms and conditions contain a binding arbitration clause and class action waiver that impact your rights about how to resolve disputes. If you live in the United States, please read it carefully.

 

By using this Website and/or purchasing any of T.F.P – The Fitness Professionals LLC’s (DBA Jami J. Miller, FDNP) website, blog, e-mails, social media, videos, books, programs, services, and/or products accessed or available through this website (collectively “Website, Programs, Products and Services”), you are voluntarily agreeing to these Terms & Conditions and Privacy Policy, and you are legally agreeing that you have read, understand, and fully consent to the terms below.

 

If you have any questions about any of these Terms & Conditions and Privacy Policy, please do not hesitate to contact us at info@jamijmiller.com before using T.F.P – The Fitness Professionals LLC’s (DBA Jami J. Miller, FDNP) website, or purchasing any of our products or services. You must be eighteen (18) years old and have the legal ability to agree to these Terms & Conditions and Privacy Policy; thus, if you are under the age of eighteen (18) or you do not agree to terms below, STOP now and do not proceed.

1. Programs, Products and/or Services.

 

It is common practice for naturopaths, nutritionists and other non-licensed practitioners to collect your signature on a form such as this. By doing so you acknowledge and accept that we:

  • are not medically qualified;
  • are not a substitute for advice from a qualified doctor;
  • recommend that you consult your doctor before making any changes to your diet or exercise regime or taking any dietary supplement;
  • do not warrant the accuracy of any information provided;
  • are not liable for any losses you may suffer by relying on our advice;
  • do not recommend any particular product;
  • are not a covered entity or a business associate of a covered entity under HIPAA.

 

By your signature below, and/or by instructing us to provide advice and services to you, you indicate your agreement to these terms.

2.What we do and do not do

 

We obtain a set of laboratory test results from a [California Certified Laboratory in the United States] and other qualifies labs to  provide you with a nutritional interpretation of those test results that you can use exclusively as an educational tool for personal health purposes.

 

Your doctor may use the same test results to diagnose and treat disease, but we do not do this. The information we provide is not intended to, cannot, and should not be expected to be a substitute for a personal consultation with your own qualified doctor. We do not accept any liability for any failure to identify any medical condition or disease; this is not the purpose of our services.

 

We may provide you with information relating to products that we believe might benefit you, but such information is not to be taken as an endorsement or recommendation. Some such products may not be available without a prescription, but we do not dispense or prescribe any prescription products. The information provided is intended for educational purposes only and should not be taken as professional medical advice or used as a substitute for medical care. We are not responsible for any adverse affects or consequences that may result, either directly or indirectly, from that information.

 

We will make reasonable effort to protect the privacy of your medical information that is shared with us, including any medical test results. However, that information is not protected by doctor-patient confidentiality nor is it governed by HIPAA.

3. Consult your doctor

 

We are not qualified medical advisors and make no claims to be so. The information we provide should not be taken to be, and is not a substitute for, personal medical advice and instruction. You should not take any action based solely on our advice.

 

You should consult your doctor:

  • for any medical interpretation of your test results;
  • on any matter relating to your health and well-being;
  • before making any changes to your exercise or diet;
  • before taking any nutritional, herbal, homeopathic or hormonal supplementation;
  • before beginning any therapy.

4. Exclusion of warranties

 

We will provide our services to you with reasonable care and skill. But we make no other warranty, express or implied, with respect to those services. All other warranties are excluded to the maximum extent permitted by law.

 

We make no warranty as to the accuracy of the laboratory test results we receive.

 

We make no warranty, expressed or implied, as to the quality or effectiveness of any diagnosis, apparatus, treatment or product. In no event will we be liable for any physical or mental injury, or any negative side effects, that may arise from the use of any such diagnosis, apparatus, treatment or product.

 

We believe that the information we provide, including that on our web sites, brochures, flyers and information packets, is accurate, but we cannot guarantee such accuracy. We therefore make no warranty as to the accuracy of that information, and it should not be relied upon as being correct, complete or accurate. It is your responsibility to verify such matters independently from primary sources of information and by taking specific professional advice.

5. Exclusion of liability

 

If you rely on, buy or use a product or therapy, you do so at your own risk. Each person is different, and the way someone reacts to a product or therapy may be significantly different from another. We cannot predict how you may react to any particular product or therapy.

 

To the maximum extent permitted by law, we exclude:

  • any and all liability in contract, tort (including negligence), breach of statutory duty or otherwise for any direct, indirect, special, incidental, or consequential costs, losses, claims, damages, expenses or proceedings (including but not limited to loss of profits and wasted management time) incurred or suffered by you arising directly or indirectly out of or in connection with our services, including but not limited to any loss, damage or expense arising from any defect, error, imperfection, fault, mistake or inaccuracy with the information or advice we provide;
  • any and all liability for injury or loss arising out of the use of, or reliance on, the laboratory results and/or the dietary, supplement and lifestyle suggestions we may provide;
  • any and all liability for injury or loss arising from any product or treatment you may choose to take;
  • any and all liability for any failure to identify any medical condition or disease. You understand and agree that this is not the purpose of our services.

 

This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

 

These Terms & Conditions and Privacy Policy require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using our Website or any of our Programs, Products or Services that you are waiving certain legal rights and you are voluntarily agreeing to do so.

6. No recommendation

 

All material and information we may provide about products and therapies is provided solely for educational purposes and for use when discussing your health with your doctor. By providing you with such material and information, we do not necessarily endorse, recommend or promote any such product or therapy.

7. Your Conduct

 

You must not use T.F.P – The Fitness Professionals LLC’s (DBA Jami J. Miller, FDNP) website, Program, Product or Service, or any aspect related to it, in any way that causes or is likely to cause access to it to be interrupted, damaged or impaired in any way and you must use it for lawful purposes only. You understand that you are solely responsible for all electronic communications and content sent from your computer to T.F.P – The Fitness Professionals LLC (DBA Jami J. Miller, FDNP) by you. You may not use T.F.P. The Fitness Professionals LLC or Jami J. mIller, FDN-P ‘s Website, Programs, Products or Services, or any aspect related to it, in any of the following ways:

 

To conduct activity with fraudulent purposes or in connection with a criminal offence or to otherwise carry out any unlawful activity

 

To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, abusive, threatening, defamatory, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or is otherwise injurious to third parties, or which consists of or contains software viruses or any other harmful or similar computer code designed to adversely aect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam

 

To cause annoyance, inconvenience or needless anxiety to anyone or anything

 

To impersonate any third party or otherwise mislead as to the origin of your content

 

To reproduce, duplicate, copy or resell any of our content in contravention with these Terms & Conditions, our Disclaimer, Community Guidelines, or any other agreement that you may have with us.

 

You specially acknowledge and agree that T.F.P – The Fitness Professionals LLC (DBA Jami J. Miller, FDNP) is not liable for any defamatory, offensive or illegal conduct of any other Website, Program, Product or Service participant or user.

8. Payments

 

If paying by PayPal, Stripe, Wave or credit card, you give T.F.P – The Fitness Professionals LLC (DBA Jami J. Miller, FDNP) permission and authorization to automatically charge your credit or debit card as payment for your Program, Product or Service for which you will receive an electronic receipt.

 

For any installment payments, you T.F.P – The Fitness Professionals LLC (DBA Jami J. Miller, FDNP) permission to automatically charge your credit or debit card at the time it is due without any additional authorization. In the event that payment is not received by the date due, whether paying in full or by installment, you will have a three (3) day grace period to make the payment otherwise the Program, Product or Service will not continue. If you fail to make payment in a timely manner in accordance with these T&C or voluntarily decide to withdraw from our Program, Product or Service at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Program, Product and/or Service.

 

When you purchase a Program, Product or Service, the information provided and obtained as part of the transaction, such as your credit card number and contact information, may be collected by both the third-party merchant and by T.F.P – The Fitness Professionals LLC (DBA Jami J. Miller, FDNP). A merchant may have privacy and data collection practices that are different from ours. T.F.P – The Fitness Professionals LLC (DBA Jami J. Miller, FDNP) has no responsibility or liability for the merchant’s independent policies.

 

You agree to be financially responsible for all purchases made by you for the full investment of the Program, Product or Service.

 

You agree to purchase and use T.F.P – The Fitness Professionals LLC’s (DBA Jami J. Miller, FDNP) Website, Program, Product or Service for legitimate, personal, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service.

 

Since we have a clear and explicit Refund Policy in these Terms & Conditions that you have agreed to prior to completing the purchase of any of our Programs, Products, or Services, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

 

We also reserve our right to seek payment from you for any delinquent payment that is not provided by or upon the date due by enlisting the help of a collections agency or arbitration, and we may exercise our right to report your delinquent payment to all three credit reporting agencies, either directly or through the help of a collections agency. You release T.F.P – The Fitness Professionals LLC (DBA Jami J. Miller, FDNP) and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of this Website, Program, Product or Service

 

Your satisfaction with your Program, Product or Service is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing our Programs, Products and Services, you acknowledge and agree that T.F.P – The Fitness Professionals LLC (DBA Jami J. Miller, FDNP) does not offer refunds for any portion of your payment for any of our Programs, Products, and Services.

7.  Communication for One-on-One Services.

This is crucial.

No matter what plan you choose with my one-on-one services, Jami J. Miller, FDN-P requires bi-weekly communication via email or a call set up through my scheduling software – social media or text is not acceptable forms of communication. You must communicate with me within that two-week period. There must be a response to all requests for additional information about client’s health history. If zero communication or response to information request has taken place within that two-week period client will violate the terms of service. There are no refunds. There is absolutely no way to successful have a client/coaching relationship without consist communication. By signing this document or checking the box at the time of payment you fully understand this.

By checking the box at the time of payment you agree to these terms. 


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