Terms of Service
1. AGREEMENT OVERVIEW
1.1. These terms and conditions ("Terms") constitute an agreement between you ("Participant," "you," or "your") and Rachel Scheer Nutrition ("Rachel Scheer Nutrition," "we," "us," or "our").
1.2. By accessing Rachel Scheer Nutrition programs, including but not limited to RSN Functional Wellness Coaching and the RSN Institute Functional Nutrition Certification materials, website, or participating in any certification program, you agree to be bound by these Terms.
1.3. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
2. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
2.1. Rachel Scheer Nutrition is not responsible for information made available on this site that is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
2.2. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
3. MODIFICATIONS TO THE SERVICE AND PRICES
3.1. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
3.2. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
4. REFUND POLICY
4.1. Rachel Scheer Nutrition maintains a no refund or exchange policy for services purchased.
4.2. Digital products provided by Rachel Scheer Nutrition are considered non-refundable due to their intangible nature. Once these digital products have been emailed, downloaded, and/or opened, they are considered "used." Should you find our services unsatisfactory, your sole recourse is to discontinue usage of the services.
4.3. In the event that you choose to cease using our services and/or programs before the conclusion of your billing cycle, please be aware that we are unable to provide any refund, either partial or in full, for the remaining duration of your cycle.
4.4. It is essential to underscore that Rachel Scheer Nutrition does not issue refunds, credit, or prorated billing for canceled subscriptions.
4.5. To initiate the cancellation of your subscription, kindly contact us at the address listed in Section 28. You must complete a cancellation survey form before your subscription can be canceled. Upon receipt of your survey, our customer service will commence processing your cancellation request.
5. CERTIFICATION PROGRAM
5.1. The RSN Institute Functional Nutrition Certification program includes educational materials, resources, and assessments related to nutrition and wellness.
5.2. Participants are responsible for ensuring they meet the program requirements and adhere to the guidelines provided by Rachel Scheer Nutrition.
6. MEDICAL DISCLAIMER
6.1. The information, content, materials, and resources made available through Rachel Scheer Nutrition, the RSN Institute Functional Nutrition Certification program, our website, our social media channels, our podcasts, and any related communications are provided for general educational and informational purposes only. They are not intended to be, and should not be construed as, medical advice, diagnosis, or treatment.
6.2. Rachel Scheer Nutrition is not a medical practice. Nothing offered through our services creates a physician-patient relationship, a therapist-client relationship, or any other professional clinical relationship beyond what is expressly stated in a separately signed services agreement.
6.3. You should always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition, medication, supplement, or treatment plan. Never disregard professional medical advice or delay seeking it because of something you have read, viewed, or accessed through Rachel Scheer Nutrition.
6.4. Statements regarding dietary supplements, nutritional products, and protocols referenced through our services have not been evaluated by the U.S. Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
6.5. Individual results vary. Information presented through our services is not a guarantee of any specific health outcome. Reliance on any information provided by Rachel Scheer Nutrition, its team members, contractors, instructors, or contributors is solely at your own risk.
6.6. If you believe you are experiencing a medical emergency, call 911 or your local emergency number immediately. Do not rely on our services in emergency situations.
7. EARNINGS AND RESULTS DISCLAIMER
7.1. Rachel Scheer Nutrition and the RSN Institute Functional Nutrition Certification program may make references to revenue, business growth, client outcomes, or income potential for practitioners. Any such references are illustrative examples only and are not a guarantee, promise, or representation that any participant will achieve similar results.
7.2. Income and business results depend on a wide range of factors that are unique to each individual, including but not limited to background, education, experience, work ethic, market conditions, client acquisition skills, business model, geographic location, regulatory environment, and the time and resources invested. As a result, we cannot and do not guarantee that you will earn any specific amount of money, attract any specific number of clients, or achieve any specific business outcome.
7.3. Any testimonials, case studies, or success stories shared by Rachel Scheer Nutrition reflect the experience of specific individuals and are not typical. They are not intended to represent or guarantee that current or future participants will achieve the same or similar results.
7.4. By participating in the RSN Institute Functional Nutrition Certification program or any other Rachel Scheer Nutrition offering, you acknowledge that you are responsible for your own business decisions, actions, and results. You agree that Rachel Scheer Nutrition is not liable for any business decisions you make or fail to make in reliance on information provided through our services.
8. SMS / TEXT MESSAGE CONSENT
8.1. By providing your mobile phone number to Rachel Scheer Nutrition — including through any opt-in form, keyword response (such as replying with a keyword to one of our Instagram or web prompts), checkout flow, or other consent mechanism — you expressly consent to receive recurring marketing, promotional, transactional, and informational text messages from or on behalf of Rachel Scheer Nutrition, including messages sent via automatic telephone dialing systems and prerecorded or automated technology.
8.2. Consent to receive marketing text messages is not a condition of any purchase. You may opt out of marketing messages at any time by replying STOP to any message we send. You may request help by replying HELP. We may also provide additional opt-out instructions in our messages.
8.3. Message frequency varies depending on your engagement with our content and offers. Message and data rates may apply, depending on your mobile carrier plan. Rachel Scheer Nutrition is not responsible for any charges imposed by your wireless carrier in connection with messages sent or received.
8.4. You represent that you are the subscriber or authorized user of the mobile number you provide and that you are authorized to consent to receive text messages at that number. If your mobile number changes, you agree to promptly notify us so that our records can be updated.
8.5. Our SMS practices are also governed by our Privacy Policy, which describes how we collect, use, and protect information you provide in connection with our text message program.
9. COPYRIGHT AND INTELLECTUAL PROPERTY
9.1. All content, materials, and resources provided as part of the RSN Institute Functional Nutrition Certification, including but not limited to text, graphics, logos, images, audio clips, and software, are the property of Rachel Scheer Nutrition and are protected by copyright and intellectual property laws.
9.2. Participants may use the materials solely for personal, non-commercial purposes related to the RSN Institute Functional Nutrition Certification program.
9.3. Reproduction, distribution, or unauthorized use of RSN Institute Functional Nutrition Certification materials is strictly prohibited.
10. REPORTING COPYRIGHT INFRINGEMENT
10.1. Rachel Scheer Nutrition respects the intellectual property rights of others and expects users of RSN Institute Functional Nutrition Certification materials to do the same.
10.2. If you believe that any content associated with the RSN Institute Functional Nutrition Certification infringes upon your copyright, please notify us promptly by sending a written notice to our designated copyright agent at [email protected].
11. NOTICE OF INFRINGEMENT
11.1. To be effective, the notice of infringement ("Notice") must include:
A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
Identification of the copyrighted work claimed to have been infringed.
Identification of the infringing material and information reasonably sufficient to permit Rachel Scheer Nutrition to locate the material.
Contact information of the notifying party, including address, telephone number, and email address.
A statement that the notifying party has a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the Notice is accurate and, under penalty of perjury, that the notifying party is authorized to act on behalf of the copyright owner.
12. ACTION TAKEN REGARDING COPYRIGHT INFRINGEMENT
12.1. Rachel Scheer Nutrition may, in its sole discretion, terminate the account of any user who is found to be a repeat infringer.
12.2. Rachel Scheer Nutrition reserves the right to take legal action, including but not limited to seeking injunctive relief and pursuing damages to the full extent permitted by law, against any individual or entity found to be infringing upon the copyrights associated with RSN Institute Functional Nutrition Certification materials.
13. CHANGES TO COPYRIGHT INFRINGEMENT POLICY
13.1. Rachel Scheer Nutrition reserves the right to update, modify, or change this Copyright Infringement section at any time. Users are responsible for regularly reviewing this section.
14. CERTIFICATION REQUIREMENTS
14.1. Participants must fulfill all requirements outlined by the RSN Institute Functional Nutrition Certification to successfully complete the program.
14.2. Rachel Scheer Nutrition reserves the right to modify certification requirements and program content at its discretion.
15. TERMINATION
15.1. Rachel Scheer Nutrition reserves the right to terminate a participant's access to the RSN Institute Functional Nutrition Certification program if there is a violation of these Terms or for any other reason deemed appropriate by Rachel Scheer Nutrition.
16. LIMITATION OF LIABILITY
16.1. Rachel Scheer Nutrition is not liable for any direct, indirect, incidental, consequential, or special damages arising from participation in the RSN Institute Functional Nutrition Certification program.
17. CHANGES TO TERMS
17.1. Rachel Scheer Nutrition reserves the right to update, modify, or change these Terms at any time. Participants are responsible for regularly reviewing these Terms.
18. OPTIONAL TOOLS
18.1. Rachel Scheer Nutrition may provide access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
18.2. Any use of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
18.3. Rachel Scheer Nutrition may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
19. THIRD-PARTY LINKS
19.1. Certain content, products, and services available via our Service may include materials from third parties.
19.2. Third-party links on this site may direct you to third-party websites that are not affiliated with Rachel Scheer Nutrition.
19.3. Rachel Scheer Nutrition is not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
19.4. Rachel Scheer Nutrition is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
19.5. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
20. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
20.1. If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that Rachel Scheer Nutrition may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
20.2. Rachel Scheer Nutrition may, but has no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
20.3. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
20.4. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
21. ERRORS, INACCURACIES AND OMISSIONS
21.1. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
21.2. We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
22. PROHIBITED USES
22.1. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
23. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
23.1. Rachel Scheer Nutrition does not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
23.2. Rachel Scheer Nutrition does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
23.3. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
23.4. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
23.5. In no case shall Rachel Scheer Nutrition, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
23.6. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
24. INDEMNIFICATION
24.1. You agree to indemnify, defend, and hold harmless Rachel Scheer Nutrition and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
25. SEVERABILITY
25.1. In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
26. GOVERNING LAW
26.1. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its conflict of laws principles.
27. ENTIRE AGREEMENT
27.1. These Terms constitute the entire agreement between the participant and Rachel Scheer Nutrition and supersede all prior agreements and understandings.
28. CONTACT INFORMATION
28.1. For questions or concerns regarding these Terms, please contact [email protected]
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