We have taken every effort to design our Web site to be useful, informative, helpful, honest and fun. Hopefully we’ve accomplished that — and would ask that you let us know if you’d like to see improvements or changes that would make it even easier for you to find the information you need and want.
All we ask is that you agree to abide by the following Terms and Conditions. Take a few minutes to look them over because by using our site you automatically agree to them. Naturally, if you don’t agree, please do not use the site. We reserve the right to make any modifications that we deem necessary at any time. Please continue to check these terms to see what those changes may be! Your continued use of the Proteinaholic.com Web site means that you accept those changes.
THANKS AGAIN FOR VISITING!
Delivery of Digital Products
When you purchase a digital product, you will be taken to a download page immediately following the processing of your credit card or PayPal information. You will also receive an email with a link to the download page.
Physical products are shipped within two business days of receipt of payment. We use UPS and the USPS for delivery within the United States and Canada. Shipping and handling charges will be available for you to see prior to finalizing your order.
Anyone who has legally purchased a product or service on our website may request a refund of the product or service during the time period specified on the sales page for that product or service, and subject to the specific terms and refund conditions outlined on the sales page for that product or service. Unless otherwise specified, products sold on this website come with a 30-day money-back guarantee. (Unless otherwise specified on their sales pages, all services are non-refundable.)
In case of physical products, please notify us via the CONTACT PAGE that you are requesting a refund and will be shipping the product back to us at 2066 River Road, Pittsboro NC 27312 USA, then proceed to do so. In case of digital refunds, please just notify us via the CONTACT PAGE that you are requesting a refund.
Within 6 weeks of receiving the appropriate notice and/or product return above, we will refund 100% of the product costs (not shipping costs) via the original method of payment. (E.g. we will refund credit card transactions via the same credit card used for payment, we will refund check payments via check, we will refund PayPal transactions via PayPal, etc.)
Calculation of Discounts on Installment Plans
We do NOT charge finance charges or interest. Rather, because of the administrative costs of managing longer term payment plans, we offer significant discounts for shorter plans. Notwithstanding the above, the third party shopping cart we utilize may display a “Finance Charge.” By continuing to order you are agreeing that this is simply an artifact of the third party shopping cart we are unable to control and has NO bearing on the total amount of your investment. You are also explicitly acknowledging that we are not imposing any finance charges and/or interest, but rather are offering lower prices for those who pay in shorter periods of time.
All sessions are paid for in advance.
Good faith guarantee: If I have to cancel a session for any reason, or become unable to fulfill a gift certificate or subscription, we will reschedule for a mutually convenient time.
If you have to cancel your session for any reason, you must cancel at least 48 hours in advance to qualify for a refund. When cancellations are made in a timely manner, you will be refunded the full amount you pre-paid.
There is no fee to reschedule if you reschedule at least 48 hours in advance. If you reschedule later than that, there will be a $50.00 convenience fee.
Unused portions of coaching and consulting packages will be refunded on a pro-rated basis upon request. The pro-rating is based on the unused part of your subscription, less applied discounts, less a $50 cancellation fee.
You are responsible for paying any taxes that may be assessed or otherwise due in connection with any transactions or purchases that you make through us or the website.
Restrictions on Use of Our Online Materials
All Online Materials on the Proteinaholic.com site, including, without limitation, text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, and music are copyrighted intellectual property. All usage rights are owned and controlled by Proteinaholic.com.
You, the visitor, may download Online Materials for non-commercial, personal use only provided you 1) retain all copyright, trademark and propriety notices, 2) you make no modifications to the materials, 3) you do not use the materials in a manner that suggests an association with any of our products, services, events or brands, and 4) you do not download quantities of materials to a database, server, or personal computer for reuse for commercial purposes.
You may not, however, copy, reproduce, republish, upload, post, transmit or distribute Online Materials in any way or for any other purpose unless you get our written permission first. Neither may you add, delete, distort or misrepresent any content on the Proteinaholic.com site. Any attempts to modify any Online Material, or to defeat or circumvent our security features is prohibited.
Everything you download, any software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, is considered licensed to you by Proteinaholic.com or third-party licensors for your personal, non-commercial home use only. We do not transfer title of the software to you. That means that we retain full and complete title to the software and to all of the associated intellectual-property rights. You’re not allowed to redistribute or sell the material or to reverse-engineer, disassemble or otherwise convert it to any other form that people can use.
Submitting Your Online Material to Us
That means that we don’t have to treat any such submission as confidential. You can’t sue us for using ideas you submit. If we use them, or anything like them, we don’t have to pay you or anyone else for them. We will have the exclusive ownership of all present and future rights to submissions of any kind. We can use them for any purpose we deem appropriate to our Proteinaholic.com mission, without compensating you or anyone else for them.
You acknowledge that you are responsible for any submission you make. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Limitation of Liability
Proteinaholic.com, its officers, employees, affiliates, advisors and contractors WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
USE OF (OR INABILITY TO USE) THE SITE
USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE
FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
ERROR ON OUR SITE
OMISSION ON OUR SITE
INTERRUPTION OF AVAILABILITY OF OUR SITE
DEFECT ON OUR SITE
DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
COMPUTER VIRUS OR LINE FAILURE
PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “CONSEQUENTIAL DAMAGES.”)
OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “INCIDENTIAL DAMAGES.”)
WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE “INCIDENTAL” OR “CONSEQUENTIAL” DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE.
Links to Other Sites
We sometimes provide referrals to and links to other World Wide Web sites from our site. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our site. If in doubt, always check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a Proteinaholic.com-operated site or have moved to another site.
Proteinaholic.com is not responsible for the content or practices of third party sites that may be linked to our site. When Proteinaholic.com provides links or references to other Web sites, no inference or assumption should be made and no representation should be inferred that Proteinaholic.com is connected with, operates or controls these Web sites. Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any Proteinaholic.com site or endorsement, sponsorship or support of Proteinaholic.com, including its respective employees, agents or directors.
Termination of This Agreement
This agreement is effective until terminated by either party. You may terminate this agreement at any time, by destroying all materials obtained from the Proteinaholic.com Web site, along with all related documentation and all copies and installations. Proteinaholic.com may terminate this agreement at any time and without notice to you, if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials. In addition, by providing material on our Web site, we do not in any way promise that the materials will remain available to you. And Proteinaholic.com is entitled to terminate all or any part of any of its Web site without notice to you.
Jurisdiction and Other Points to Consider
If you use our site from locations outside of the United States, you are responsible for compliance with any applicable local laws.
To the extent you have in any manner violated or threatened to violate Proteinaholic.com and/or its affiliates’ intellectual property rights, Proteinaholic.com and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of North Carolina, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Chapel Hill, NC. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Chapel Hill, NC, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.