Terms of Use

Triathlon Nutrition 101 and Strong for Triathlon

Please read the Terms of Use for the Program carefully and in their entirety before purchasing and using Triathlon Nutrition 101 and/or Strong for Triathlon (hereinafter referred to as the “Program”). The Program and its content are owned by Jessica Williams and Nutri-Kin.

1. Definitions:

“Company”, “We”, “I”, “Our”, or “Us” means, Nutri-Kin and Jessica Williams (in her capacity as owner of Nutri-Kin).

“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Program.

“You” “User” or “Your” means the purchaser and person using the Program.

2. Consent:

By participating in the Program, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms of Use.

3. DISCLAIMER:

By participating in the Program, you understand that Jessica Williams is a Registered Dietitian, Professional Kinesiologist, CSEP-Clinical Exercise Physiologist, and CSEP-High Performance Specialist. We are not medical doctors or psychologists/psychiatrists. We do not offer to create any formal dietitian-client or kinesiologist-client relationship through the Program and we will not provide you with medical nutrition advice or an individualized exercise prescription. A formal dietitian-client relationship or kinesiologist-client relationship is only created once you have entered into a specific and separate agreement (called “Client Individual Agreement”). Therefore you are not in a formal dietitian-client or kinesiologist-client relationship with Jessica Williams or Nutri-Kin by participating in the Program. You are expected to discuss any changes to your health, diet, or exercise regimen with your physician or another medical professional first before trying them.

This Program is for informational and educational purposes only. The information and education provided in this Program is not intended or implied to supplement or replace professional medical treatment, advice, and/or diagnosis.

Although we do our best to make sure all of the Program’s content is up to date and/or accurate, we do not make any representation that all the information is accurate or free of errors at all times. We do not assume any responsibility for accuracy of the Program’s information, or its safety or efficacy as it applies to you. You should review any and all changes to your diet, lifestyle, exercise regimen, or supplement routine with your medical professional.

4. Payment + Purchase Terms

When you pay for the Program by credit card, you authorize and give permission to Nutri-Kin to charge your credit or debit card for the amount owed for payment of the Program. When you purchase the Program, your information (i.e. credit card and contact info) may be collected by the third-party merchant Stripe, who may have privacy policies or security practices that are different than ours. Jessica Williams and Nutri-Kin are not responsible for the merchant’s independent policies or practices.

In the event that payment is not successfully made by the due date, you have a three (3) day grace period to make your payment of the Program. If such payment is not received, your access to and participation in the Program will not continue. If you fail to make payment within the grace period or at any other time, you are still responsible for all payments for the full cost of the Program.

If you choose the monthly installment payment plan for the Program, you hereby authorize and give permission to Nutri-Kin to automatically charge your credit or debit card as payment for the Program, for which you will receive an electronic receipt, at the time in which payment is due without any additional authorization from you.

5. Our Refund and Cancellation Policy:

Triathlon Nutrition 101:

We will do everything within our ability (and within reason) to ensure your satisfaction. Due to the downloadable nature of the Triathlon Nutrition 101 Program, refunds WILL NOT be issued for the Program once it is purchased.

Strong for Triathlon:

We will do everything within our ability (and within reason) to ensure your satisfaction, but we recognize the commitment of a 12-month strength training program. If you would like to cancel, please email Jessica Williams at [email protected] with your request. Your request to cancel will be granted and you will lose access to the Strong for Triathlon program within 48 hours. Refunds WILL NOT be issued for any monthly membership payments after the transaction has been completed, including if your auto-payment goes through prior to your request to cancel.

If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Jessica Williams at [email protected].

6. Assumption of the Risk:

Client understands that all changes to Client’s diet or fitness regimens, including changes to food or use of dietary supplements, carries a risk. Client is doing this at Client’s risk. Client is participating in the Program with full knowledge and acceptance of such risks.

Client hereby releases Company from any and all responsibility or liability from injuries or damages to Client’s person resulting from or connected with Client’s participation in the Program.

We are not responsible or liable for your participation in the Program.

7. Intellectual Property Ownership:

The Program and its content, including, but not limited to, the education videos, PDFs, audio files, and spreadsheets, are intellectual property owned by Nutri-Kin. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.

8. No Sharing:

You cannot distribute, copy, forward, and/or share the Program or its content with anyone else. Any violations of these Terms of Use will be legally pursued to the fullest extent permitted by law.

You may not share your password or login information with anyone. If you share your password or login with anyone who did not purchase the Program, you will be removed from the Program immediately and no refund will be issued.

9. No Claims Made Regarding Results:

Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and his/her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.

10. DISCLAIMER - No Warrantees, Guarantees, or Representations Are Being Made:

We do not offer any representations, guarantees, or warranties, of any variety, regarding the Program in any way. The Program is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law. We are not liable for damages of any kind related to your use of the Program.

11. Your Release of Us, Indemnification, Hold Harmless:

To the fullest extent permitted by law, Nutri-Kin expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Program, its materials, our website, or any other information obtained by you from us. By enrolling in the Program, you hereby agree to this limitation of liability and release Nutri-Kin from any and all claims.

By participating in and/or purchasing the Program, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless Nutri-Kin, our subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your purchase of or participation in the Program and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms of Use.

By enrolling in the Program, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless Nutri-Kin as stated in this section herein.

12. ARBITRATION CLAUSE:

If you have any complaint or should any issue arise in the use of the Program, please contact us directly first by emailing Jessica Williams at [email protected].

However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Nutri-Kin shall submit your dispute to binding arbitration with the Canadian Dispute Resolution Procedures, before an arbitrator that is mutually agreed upon, in accordance with the Canadian Dispute Resolution Procedure rules.

By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 100 kilometeres of Strathmore, Alberta, Canada.

If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the Province of Alberta, Canada. The only award that can be issued to you is a refund of any payment made to Nutri-Kin for the applicable Program. You are not permitted to seek additional damages, including consequential or punitive damages.

13. Limitation of Liability:

Jessica Williams and Nutri-Kin are not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Program. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Program or its content, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

14. Severability

The provisions of these Terms of Use shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of these Terms of Use shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms of Use as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.

By purchasing and/or participating in the Program, you implicitly signify your agreement to all of the terms in these Terms of Use.

If you have any questions about the Terms of Use, please contact Jessica Williams at [email protected]. Thank you.