The information and services presented by The Newer You, whether or not they are provided in conjunction with services provided by medical professionals, do not constitute professional medical advice.

Your use of the information presented to you by The Newer You in print and online media including The Newer You website, the Quick Start Guide, the materials referenced therein, and throughout other media of distribution, such as brochures, handouts, presentations, videos, podcasts, blog posts, and more, means that you agree to our Terms as described here and outlined in detail in the Terms and Agreement.

Most importantly, you agree that The Newer You is not responsible for your health, you are.

You are liable for any consequences of the actions you take as a result of the information and services presented to you. You agree to never hold The Newer You liable for any damages.

If you do not agree with the Terms as described here and outlined in detail in the Terms and Agreement, we ask that you kindly stop reviewing our materials, website and any materials referenced herein.

Terms and Agreement

Read these terms carefully. By purchasing our products or services, and continuing to review our website and accompanying materials, you are agreeing to these terms. If you do not agree to these terms, do not click “Agree” and do not use our services, website, or accompanying materials.

This legal agreement between you and The Newer You LLC (“The Newer You”) governs your use of The Newer You website “Website”, services, and review of any other information or materials (“Accompanying Materials”) provided by The Newer You. The Newer You provides online coaching, coaching in person, nutrition guidance, a membership program (“Membership”) and other products and services collectively known as Products and Services (“Products and Services”) related to improving health. This agreement explains the risks you are assuming by using our Website, Products and Services, joining our Membership, or reviewing any Accompanying Materials. It is critical that you read and understand this agreement completely.

This is an electronic contract.

You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and purchases of products and services. Your agreement to be bound by electronic submissions applies to all records relating to all transactions you enter into on The Newer You Website, including any notices of cancellation, policies, contracts, and applications. In order to use The Newer You Website and to access and retain electronic records, you may be required to have certain hardware and software, which are your sole responsibility. The Newer You is not responsible for typographic errors in this agreement, on our Website, in descriptions of Products and Services, Membership, or in Accompanying Materials.

Protect your account.

As a registered user of The Newer You, you may establish an account (“Account”) on our Website. Do not reveal your Account information to anyone else. You are solely responsible for maintaining the security and confidentiality of your Account and for any and all activities that occur on or through your Account. Do not share passwords or any media provided by The Newer You. Doing so is considered theft and will be treated as such including discontinuation of Products and Services, revocation of your Membership, and removal from any of our participating programs with no refund. You agree to immediately notify The Newer You of any possible security breach of your Account. The Newer You is not responsible for any losses that arise from unauthorized use of your Account.

You agree to provide accurate and complete information when you register with The Newer You and as you use the Website, Products and Services, Membership, and Accompanying Materials. You agree that The Newer You may store and use the registration information, including payment method, you provide for use in maintaining and billing fees to your Account.

Payments

You agree that you will pay for the Products and Services that you have purchased through the Website and that The Newer You may charge your payment method on file for any Products and Services and for any additional amounts, including taxes and late fees as applicable that may be accrued by, in connection, or through your Account.

All sales are final.

You agree to pay for all Products and Services that you purchase through The Newer You. Your total price will include the price of the product or service plus any applicable tax. Taxes are based on the billing address and the tax rate in use in that jurisdiction at the time you purchase the Products or Services.

We do not offer refunds for any of our Products or Services. All Products and Services are provided on an AS-IS basis with no implied warranty or guarantee of fitness. Depending on the state you live you in, limitations on implied warranty may not apply to you and you may have additional rights.

Prices and availability may change.

Prices and availability may change from the time you initiate your purchase until the time you complete your purchase. If Products or Services are unavailable at the time you complete your purchase, your only remedy is a refund.

In the event that technical or logistic problems prevent or unreasonably delay delivery of your Products or Services, your exclusive and only remedy is a refund.

Membership

Purchasing a Membership from The Newer You should not be construed as being a member of the company. Membership is one of our Products and Services. Membership does not convey any rights for the use of The Newer You brand assets including logotype, graphics, images, and content. All media and content are copyright The Newer You unless otherwise noted. You agree to not represent yourself as a member of the company.

Membership fees are charged on a recurring basis, when purchasing a Membership, you agree that The Newer You may charge your payment method on file for each applicable billing period. It is your sole responsibility to cancel Membership and The Newer You will continue to charge your payment method for the Membership, regardless of your use of Membership or participation in associated Products and Services.

You may cancel your Membership at any time before the current billing period ends and receive no further charges. We do not pro-rate or refund any membership fees from the time of cancellation until the end of the current billing period.

Gift Certificates, Coupons, and Discounts

Gift certificates, coupons, coupon codes, and discounts are not redeemable for cash, cannot be: returned for a cash refund, unless required by law, exchanged, resold, or used to purchase gift certificates, coupons, coupon codes, or discounts. The value of any The Newer You LLC gift certificates, coupons, coupon codes, or discounts is 1/10 of one cent. The Newer You LLC is not responsible for lost or stolen gift certificates, coupons, or coupon codes.

Appointments and Scheduling

You understand you must reschedule 24 hours in advance to avoid being charged for my appointment. If you do not reschedule 24 hours in advance, you will be charged.

Appointments can be rescheduled prior to 24 hours before the appointment, otherwise full payment will be charged.

Pre-orders

By pre-ordering Products or Services you are authorizing The Newer You LLC to charge your payment method on file. You may cancel your pre-order of a product or service at any time within 24 hours of availability of your product or service and receive a refund. If you don’t cancel within 24 hours, you will not receive a refund.

Your privacy is important to us.

Your use of The Newer You Website, Products and Services, and Accompanying Materials is subject to The Newer You’s Privacy Policy located at: http://TheNewerYou.com/privacy

You will consult with your doctor before starting.

You should always consult with your doctor before beginning any type of exercise and nutrition program or physical activity.

You acknowledge there are risks with any physical activity or fitness program.

You are aware that there are potentially significant risks involved with my participation in any physical activity or fitness program, including The Newer You Website, Products and Services, and Accompanying Materials. You understand that these risks include, but are not limited to: musculoskeletal injury, heart problems, shortness of breath, dizziness, exhaustion, dehydration, and even death, and you knowingly and freely accept these risks.

You understand that The Newer You recommends that you consult with a physician before commencing any health or fitness program and you have been given the opportunity to do so prior to purchasing any Products or Services from The Newer You. If you have chosen not to consult a physician prior to purchasing or starting any Products or Services, you fully accept the risks involved in this decision.

You have no physical or mental disabilities or conditions that would prevent or limit your participation in Products and Services.

You hereby affirm that, to the best of your knowledge, you are in good physical condition and do not suffer from any mental or physical disability or condition that would prevent or limit your participation in the Products and Services provided by The Newer You and have not withheld any related information from The Newer You. At no time has a physician or any other person advised you that you should not participate in physical activity.

You acknowledge that your health is your responsibility. You will not hold The Newer You liable for any conditions that result from the use of The Newer You Website, Products and Services, or Accompanying Materials.

You acknowledge that if your health changes, it is your responsibility to recognize the change, notify The Newer You, and seek medical advice.

You understand and agree that it is your responsibility to inform The Newer You of any conditions or changes in your health, now and ongoing, which might affect your ability to exercise safely and with minimal risk of injury.

You understand that should you feel light headed, faint, dizzy, nauseated, or experience pain or discomfort that you are to stop the activity and inform The Newer You immediately.

You understand that you are not obligated to perform nor participate in any activity that you do not wish to do, and that it is your right to refuse such participation at any time during your use of the Products and Services.

You acknowledge and understand that the results of any fitness program or coaching cannot be guaranteed and no warranties have been made regarding the results you will achieve from the use of Products and Services.

You acknowledge and agree that The Newer You has made no warranties or representations to you regarding the results you will achieve from the Products or Services. You understand that results are individual and may vary.

You agree to assume full responsibility for any risks, injuries or damages, known or unknown, which you might incur as a result of participating in Products and Services and/or reviewing The Newer You Website and Accompanying Materials.

You knowingly, voluntarily, and expressly waive any claim you may have against The Newer You for any injury or damages that you may sustain as a result of participating in Products and Services, and/or reviewing The Newer You Website and Accompanying Materials.

You understand that The Newer You is not and does not claim to be any form of medical professional or provide medical intervention.

You acknowledge that The Newer You shall have no duty, obligation or liability arising out of the provision of, or failure to provide, medical treatment.

You, for yourself and on behalf of my heirs, assigns, personal representatives and next of kin, hereby irrevocably and unconditionally release and forever discharge The Newer You, and its affiliates, successors, assigns, shareholders, officers, directors, employees, personal trainers and legal representatives from all manner of actions, causes of action, suits, demands, debts, accounts, covenants, contracts, and damages which may be suffered by you, now or in the future, in connection with my participation in Products and Services, review of The Newer You Website, and Accompanying Materials.

You hereby agree to hold harmless The Newer You, its respective representatives, executors, agents, and assigns from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected to my participation in Products and Services, review of The Newer You Website and Accompanying Materials, or any and all acts or omissions, including negligence by The Newer You.

You agree to indemnify The Newer You from and against all claims, damages or expenses resulting from any breach of the above-stated representations and warranties.

This agreement reflects the entire agreement between you and The Newer You and no verbal statements or promises made by The Newer You or its representatives to you that are not contained in this Agreement shall be valid or binding.

This legal agreement shall be governed by the laws of the State of Colorado.

You acknowledge that you have thoroughly read this Terms and Agreement and understand that it is a release of liability. By agreeing, you are waiving any right you or your successors might have to bring a legal action or assert a claim against The Newer You, its respective representatives, executors, and/or assigns.

You certify and represent that you are over the age of eighteen (18), have read the foregoing and fully understand the meaning and effect thereof, and, with the intent of being legally bound.