TERMS & CONDITIONS

Last Updated: June 15, 2024
The terms “we”, “us” “our” and “Company” refers to Hannah Steffen Nutrition Counseling & Consulting. The terms “user,” “you” and “your” refers to site visitors, customers, and any other purchaser of our Products. These Terms & Conditions govern your use of and access to our website and/or the hosted platform on which you purchased from us, and any of our social media channels/accounts, blogs, emails or mobile applications (collectively “Site”) and your use or purchase of our services and/or products.
The term “Product” or “Products” (although sometimes included within the term “Content”) shall also include but is not limited to materials, resources or information provided to you by us in our digital product, course, membership, and/or service or any digital content or information delivered or downloaded via email or other electronic means, webinars, documents, programs, courses, community, membership sites, classes, PDFs, live video calls, live posts and the like.
User’s Acknowledgement & Acceptance of Terms
By purchasing from the Company, you are consenting to these posted Terms & Conditions (“Terms”), including any additional terms and conditions and policies referenced here and/or available by hyperlink.
Please read these Terms carefully before purchasing from us.
IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU SHOULD NOT PURCHASE OUR PRODUCT OR SERVICE.

SECTION 1: REFUND POLICY & PAYMENT TERMS
Refund Policy
All sales of the Product and/or Services are final. No refunds will be issued under any circumstances due to the downloadable nature of our Products.
Purchase Policy
We reserve the right to refuse or cancel any order from you, at any time, for any reason, including without limitation: availability of Products and/or services; errors in the Product or service description or price; errors in your order; multiple purchases and/or requests; we suspect you purchased with the intent to seek reimbursement; and if we suspect that your order is fraudulent, unauthorized or otherwise an illegal transaction.
We also reserve the right to change our prices at any time, within our sole discretion, prior to accepting your order. Should the prices change, you will have the right to cancel your order.
Purchase Terms
If you pay for our Product and/or service by credit or debit card, you authorize and provide permission for us and our related third-party vendors to charge your credit or debit card in the amount owed for payment of the products and/or services.
You agree not to dispute any charges made to your credit card under any circumstances (e.g.chargebacks). If you inadvertently do so, you agree to immediately cancel or withdraw such a dispute and we reserve the right to report it to the credit bureaus as a delinquent account and pursue collection. You are responsible for any fees associated with recouping payment on such disputes and any collection costs associated, including attorney’s fees.
When you purchase our Product and/or services, your personal information (e.g.contact and card information) may be collected by a third-party vendor, who may have privacy policies or security practices that are different from ours. We are not responsible for the vendor's independent policies or practices.
Payment Plans
If you have selected a payment plan option, you understand and agree that all payments are to be made on time. If there is delay in payment, we reserve the right to bill you a late fee of 3% each week, based on the remaining balance due under the payment plan. Payment plans are provided for your convenience and are not to be construed as a subscription service. You understand that regardless of any attempt to request a refund or terminate your purchase after accessing the product(s), you remain responsible for any remaining payments in the payment plan.
Future Promotions
Any promotional discounts that may not have been offered at the time of your purchase are not guaranteed to be provided to you if offered after your date of purchase. If we do provide it, then it is within our sole discretion. We reserve the right to modify or cancel any promotional discounts at any time without prior notice.
Lifetime Access Guarantee
The Company may offer a lifetime access guarantee to its Products or certain Services. The term “lifetime access” shall be construed to refer to the lifetime and duration of the Company, and is not the lifetime of any one individual customer. The lifetime access provided by the Company shall continue for as long as the Company is operational and actively providing the Products and/or Services. In the event that the Company ceases its operations or discontinues the Products and/or Services, the lifetime access guarantee shall be considered null and void. This guarantee is exclusively provided to the purchaser of the Product and/or Service and cannot be transferred, sold, or assigned to any other individual or entity. The Company reserves the right to modify, amend, or terminate the lifetime access guarantee for future customers at its sole discretion.
Order Confirmation
You will receive an email(s) to confirm the placement of your order along with a downloadable Product and/or access to the digital course, which will contain details concerning your purchase. In the event there is an error in this email confirmation or emails concerning your purchase, it is your responsibility to inform us as soon as possible.
Collections
In addition, should you purchase a product or service from us and fail to make payment, you will owe the total amount of outstanding payments with interest and any collection fees/costs, including but not limited to attorney’s fees and costs.

SECTION 2: INTELLECTUAL PROPERTY
Our Site, Products and Services are protected by the copyright laws of the United States of America (“U.S.”). You understand that the Company owns the Site and Product(s), which is our intellectual property.
You may download and print certain materials from our Product(s) for your own personal and non-commercial purposes, but you may not copy or use our Product(s) for any other reason. You agree to not use or copy, frame, mirror, in link to or make similar use of any part of our Site, Product(s) or Services without our express written consent.
We may investigate any alleged violations of these Terms and take the appropriate action, in our sole discretion, which may include but is not limited to a warning, suspension of your access, termination of your access and/or legal action.
If you believe that our Site or Product(s) infringes a copyright of yours, please contact us at the email address below, and our designated agent under the Digital Millennium Copyright Act (17 U.S.C. §512) will address your concerns. However, you will be held accountable for any and all damages (including without limitation attorney’s fees and costs) should you misrepresent that our Site or Product(s) infringes on your copyright.
License to Use. By purchasing our Product(s) and/or Services, you are hereby granted one limited, non-assignable, non-exclusive, non-transferable, non-sublicensable, revocable license to the Product and/or Service that you purchased.
You are not permitted to share our Product, course and/or service with anyone.
You are expressly prohibited from utilizing the information obtained from our Product(s) and/or Services to develop derivative works. In other words, you may not leverage the knowledge acquired through our offerings to create a product that would have otherwise been beyond your capacity to develop had it not been for the information obtained from our Product and/or Services.
You expressly agree not to sell, resell, reproduce, duplicate, copy, or exploit any portion of our Site, Product(s), or Service provided or the information contained therein, or any content on the Site through which the Products are provided, without express written permission by us.
If you violate these Terms, such as giving, selling a copy of, re-selling or exploiting our Products and/or Services to others, you agree to pay for the license of the products or services that you gifted or sold to others and we reserve the right to revoke your license and terminate your access to our products or services, temporarily or permanently, in addition to other legal remedies available.
Liquidated Damages Clause. In the event of your unauthorized creation of products based on knowledge acquired from our offerings that would otherwise be beyond your capacity, you agree to pay the Company liquidated damages in the amount of the then-current license fee and/or our product price per instance of such breach.
Non-Disclosure. By accessing or using our Products and/or Services, you agree to treat any and all information provided by us or obtained through the use of the product as confidential and proprietary. You shall not disclose, share, distribute, reproduce, or use such confidential information for any purpose other than the permitted use of the digital product.
Confidential information includes, but is not limited to, any trade secrets, proprietary knowledge and ideas, algorithms, technical specifications, designs, code, documentation, strategies, information that is not generally known to the public, or any other information designated as confidential.
You acknowledge that the confidential information is valuable and constitutes our intellectual property.
You agree to exercise reasonable care to prevent the unauthorized disclosure or use of the confidential information. This duty of confidentiality shall continue even after the termination or expiration of your use of our Products and/or Services.

SECTION 3: GENERAL PROVISIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your personal information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You represent that you are at least the age of majority in your state, jurisdiction, or province of residence. Children under the age of 13 are prohibited from using our Site, Products and/or Service(s).
The headings or subheadings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
Informational & Educational Purposes Only. The information provided is for general educational and informational purposes only. It should not be relied upon or used as the sole basis for decision making related to your personal life or business, without consulting primary, more accurate, more complete or more timely sources of information.

You understand and acknowledge that the information provided to you by us is not legal, financial, therapeutic, mental health, or medical advice and that the Company is not a professional service provider. Again, all of the information, including without limitation, resources provided via phone or video conference, e-mail, an online forum, live events such as webinars or lives, video/audio recordings, courses, materials provided in our digital products and the like about business, laws, health, wellness and/or finance-related information, are resources for educational and informational purposes only and should not take the place of hiring a licensed professional. You understand that the Company does not and will not provide any form of diagnosis, legal advice, medical advice, financial advice, or mental health advice.
Assumption of Risk. Any reliance on our Site, Products, and/or Services and the information contained therein or provided to you is at your own risk and you do so voluntarily. You use the information provided and our Site, Products, and/or Services at your own risk.
You accept that we are not responsible or liable for any harm or damages to you, your business, life, physical and mental health, financial, or otherwise caused by or resulting from your use of our Site, Products, and/or Services, including any actions you choose to make, or not make, as a result of using our information and/or resources.
You should consult with a professional for any and all individual questions or concerns.
Non-Disparagement. You agree to refrain from making any statements or comments of a defamatory, derogatory or disparaging nature, either publicly or privately, to any third-party regarding the Company, or any of Company’s officers, directors, employees, personnel, agents, policies, Products or services, other than to comply with law. This also includes directing others to do so. This provision in no way restricts your ability to communicate reviews or performance assessments about our products and/or services to us.This section survives termination.
No Guarantees. We cannot guarantee any outcome of using, consuming, participating or applying our Product(s) and/or Services. We make no guarantees other than that the Product(s) and/or Services shall be reasonably provided to you in accordance with these Terms. You acknowledge that Company cannot guarantee any results of the Products and/or Services as such outcomes are based on subjective factors (including, but not limited to, your participation/implementation/etc.) that cannot be controlled by the Company. Clients not achieving his or her desired results is not grounds for a refund, partial or otherwise.
Maximum Damages. The sole remedy for any actions or claims by you against the Company shall be limited to and shall not exceed $100.00.
Severability. If any term or provisions in this Agreement is found to be unlawful in any way, void or unenforceable, then that term or provision will be deemed severable from this Agreement and will not have any effect on the validity or enforceability of the Agreement and any remaining terms and provisions.
Prompt Enforcement. The failure of either party to promptly enforce this Agreement or any of its terms shall not be deemed to be a waiver of enforcement or implied modification of the Agreement regardless of the number of times or the frequency with which any such term is violated.
Attorney’s Fees. In the event of any controversy, claim or dispute between us, arising out of or related to this Agreement or the breach of this Agreement, the prevailing party shall be entitled to recover from the other party all costs incurred including attorney’s fees.
Governing Law. Any disputes arising out of or related to these Terms, including our Site, Products, and/or Services, shall be governed and construed by Texas’ state or federal courts, and apply Texas law, regardless of principles or conflicts of law.
Jurisdiction/Venue. Further, any disputes arising out of or related to these Terms, including without limitation our Site, Products, and/or Services, shall be brought within the State of Texas, County of Harris, City of Houston.

Entire Agreement. The Terms constitute the entire agreement between us and you as it relates to your use and access to our Site, Products and Services.

Email Communications. By making a purchase or providing your contact information, you consent to receiving electronic communications from us, including newsletters, promotions, and updates. These emails will be sent to the provided email address. You can opt out anytime by clicking on the “unsubscribe” link, though non-promotional emails related to your account or transactions may still be sent. You may withdraw consent, but this might affect access to certain services and updated information.

Force Majeure. Neither Party shall be held liable or responsible to the other party nor be deemed to have defaulted under or breached this Agreement for failure or any delay in providing access to, fulfilling or performing any obligation under these Terms when such failure or delay is caused by or results from causes beyond the reasonable control of the affected Party, including but not limited to fire, floods, embargoes, war, acts of war, insurrections, riots, strikes, lockouts or other labor disturbances, pandemics, epidemics, outbreaks of diseases, national emergencies and/or public health crisis, environmental crisis, climate related crisis, industrial disturbances such as labor shortages, strikes or work stoppages, server related issues such as data breaches, data losses, or cloud storage disturbances, power outages or disruptions to communication or internet services, third-party platform-related disturbances, disappearance or cessation of business by you and/or the Company, or acts of God (“Force Majeure Events”); provided, however, that the party so affected shall use reasonable commercial efforts to avoid or remove such causes of nonperformance, such as restoring full access to the Products and/or Services, and shall continue performance hereunder with reasonable dispatch whenever such causes are removed. Either Party shall provide the other party with prompt written notice of any delay or failure to perform that occurs by reason of Force Majeure Events when able to do so. If the Force Majeure Events continues for more than 30 days, either party may terminate this Agreement upon written notice to the other party. Please note a Force Majeure Events does not constitute a reason for a refund and none will be provided to you if you are unable to access and/or use the Products due to the Force Majeure Events.

SECTION 4: INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Hannah Steffen Nutrition Counseling & Consulting, its affiliates, providers, or related third-parties, and each of their respective representatives and agents, from and against any and all claims, losses, costs, damages, liabilities and expenses (including, but not limited to attorney’s fees), arising from: your activities in connection with our Site, Products, and/or Services; your violations of these Terms; your improper or unauthorized use of our Site, Products, and/or Services; any claims or allegations that you transmit through or in connection with our Site, Product(s), and/or Services that infringes or violates intellectual property, privacy or other third-party rights; any unlawful or illegal conduct engaged by you under any state, federal or common law in connection with the use of or access to our Site, Product(s), and/or Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

SECTION 5: ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on or in our Site, Products, or Services that contains typographical errors, inaccuracies, or omissions that may not be current or complete. We reserve the right to correct these errors, inaccuracies, or omissions at any time without prior notice. We also make no representation or warranty as to the information provided, regardless of its source. We disclaim all liability for any inaccuracies, errors or omissions in that information.
We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website, platform, Products, Services, and the like. It is your responsibility to check the appropriate Terms periodically for changes. Your continued access and/or use of the digital products/courses following the posting of changes constitutes your acceptances of those changes.
We also reserve the right to modify the contents and/or information on or in our Site, Products, and/or Services at any time, but we have no obligation to update any information or notify you of those changes. You agree that it is your responsibility to monitor changes to our Products, and/or Services.

SECTION 6: DISCLAIMER OF WARRANTIES
AND LIMITATION OF LIABILITY
Limitation of Liability. IN NO EVENT SHALL THE COMPANY, ITS REPRESENTATIVES, ITS PROVIDERS OR OTHER THIRD-PARTIES MENTIONED ON THIS SITE, OUR PRODUCT AND/OR SERVICES BE LIABLE FOR ANY DAMAGE WHATSOEVER RESULTING FROM OR RELATED TO YOUR USE OF OR ACCESS TO OUR SITE, PRODUCTS AND/OR SERVICES. YOU AGREE TO ABSOLVE US, OUR PROVIDERS AND OTHER RELATED THIRD-PARTIES FROM ANY AND ALL DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGE ARISING OUT OF OR RELATED TO YOUR USE AND/OR ACCESS TO OUR SITE, PRODUCTS AND/OR SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR INFORMATION PROVIDED IN OUR PRODUCTS AND/OR SERVICES IS TO STOP USING THIS SITE OR OUR PRODUCTS AND/OR SERVICES.
Disclaimer of Warranties. Without limiting the foregoing “Limitation of Liability” provision, this Site and Content is provided to you “AS IS” and the Company specifically DISCLAIMS ALL WARRANTIES OR ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE, PRODUCTS AND/OR SERVICES. FURTHER, WE DO NOT WARRANT THAT ACCESS TO THIS SITE, PRODUCTS AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. No advice or information, whether oral or written, provided to you from us or any related third-parties shall create a warranty not expressly stated in these Terms.
We also reserve the right to modify or discontinue, either temporarily or permanently, our Site, Products, and/or Services, at any time, without notice. We may also impose limits on your use or restrict access to you to any part of the Site, Products, and/or Services without notice or liability. You consent and agree that we will not be liable to you or third-parties for any such modification, termination or suspension of us, or discontinuance of the same.

SECTION 7: RULES OF CONDUCT
By using our Site, Products and/or Services you agree to adhere to the following Rules of Conduct. If you violate these Rules of Conduct, we reserve the right to remove you and any access you may have to our Site, Products and/or Services. Whether conduct violates our Rules of Conduct will be determined in our sole discretion.
No Illegal Activity. You may not use the Site, Products and/or Services for any illegal activity, including without limitation any kind of conduct that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
No Fraud. Yes, this is probably covered in the No Illegal Activity section above, but we want to make this very clear. Fraudulent activities in any capacity are strictly prohibited.
No Bad Conduct. Do not use our Site, Products and/or Services to transmit, distribute, send, or otherwise expose the Site, Products and/or Services or its viewers/users to viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner. You are also not allowed to modify, reverse engineer, frame, mirror, or adapt any portion of the Site, Products and/or Services. You may not interfere with the Site’s operations or make connection to the Site inoperable or transmit any viruses, worms, or harmful code.
No Spamming. You may not use our Site, Products and/or Services to engage in any activities that will result in sending spam to anyone.
Be Civil. You may only use our Site, Products and/or Services in a civil and respectful way at all times.
No Exploitation. You may not violate the Site’s viewer’s/user’s rights to privacy or collect our viewer’s/user’s personal or non-personal information used or collected by us, without our express consent. You may not license, sell, resell, transfer or exploit your use or access to the Site, Products and/or Services, including without limitation sharing your login credentials with others, if applicable.
No Impersonation. You may not create a false identity or user account, impersonate another person or entity, or misrepresent yourself in any way to us.
No Data Mining or Bots. You may not use any data mining, robots, or similar data gathering or extraction methods.
No Use Other Than Intended. You may not use our Site, Products and/or Services for any purposes other than intended.
No Prohibited Content. You may not use our Site, Products and/or Services in a manner that is libelous, slanderous, pornographic, obscene, unlawful, threatening, hateful, harmful, abusive, harassing, violent, predatory, defamatory, or otherwise objectionable, all of which shall be determined in our sole discretion.
These rules are designed to maintain a safe and respectful environment for all users. We appreciate your cooperation in upholding these standards while using our Site, Products and/or Services.

SECTION 8: THIRD-PARTY LINKS AND/OR PRODUCTS
Affiliate Links. Our Site or Products may use affiliate links to promote certain Content, Companies, third-parties, and products or services. We use affiliate marketing to receive a commission, service and/or complimentary product for purchases made by you on the affiliate website using such links from our Site and/or Products. You accept liability for any and all harm or damages or benefits of clicking on the affiliate links contained on our Site and/or Products. We in no way guarantee the quality of the affiliate product or service provided by any third-party and bear no liability with respect to such product, service or experience.
Links to Other Sites/Information. Our Site or Products may contain links to other websites, which are not affiliate links. These links are only provided for the user’s convenience. We do not endorse or verify the accuracy of the information contained on third-party websites accessed through these links. We in no way guarantee the quality of the third-party product or service and bear no liability with respect to such product, service or experience. Any questions or concerns regarding a third-party website or resources should be directed to the third-party. We bear no responsibility for any action or non-action you take associated with the third-party.
Suggested Products. Our Site or Products may include suggestions or recommendations regarding products. Please note that these suggested products are provided for informational purposes and do not constitute an endorsement, guarantees, or warranties of any kind even if an affiliate relationship exists. You understand and acknowledge that the selection, purchase and use of any suggested products are solely your responsibility and you are encouraged to conduct your own independent research, carefully read product labels, reviews and consult with professionals before making any purchase and/or using the suggested products. You should also be aware of your own allergies, sensitivities, or other individual factors that may affect the suitability for using the suggested products.
Use of Artificial Intelligence (AI) Software/Applications. We offer suggested prompts to assist you in creating your own content. These prompts are provided for your convenience and inspiration, but we do not guarantee specific results or the accuracy of the AI-generated content produced from the prompts. The effectiveness of accuracy, and suitability of the prompts may vary based on your unique circumstances. You are solely responsible for reviewing, editing, and implementing the prompts and resulting responses to align with your brand and legal requirements. Our services and/or products are not a substitute for professional advice. We disclaim any liability for any damages or losses resulting from the use of the prompts and resulting responses.

SECTION 9: TESTIMONIALS
Our Site, Products, and/or Services may contain testimonials by users of our Site or former customers or our Products and/or Services. The views and opinions expressed in these testimonials are solely those of the individual or business and do not reflect our views or opinions. Individual results may vary, and testimonials are not intended to represent or guarantee that you or anyone will achieve the same or similar result. All testimonials are provided by real persons with real life experiences, and may not represent a typical user’s experience. We do not claim, and you should not assume, that all users will have the same results or experiences as those expressed in the testimonials. Your individual results may vary.

SECTION 10: FEEDBACK/REVIEWS
Any communication from you that is directed to us or is about us will not be privileged or confidential and may be shared with third-parties, subject to ThriveCart’s Privacy Policy.
We own such communication from you and any such communication displayed on our Site, Products and/or Services, including without limitation social media posts, direct messages and emails and we will not provide credit to or pay royalties to any such unsolicited user content. We reserve the right to republish and use any such communication provided by you in whole or in part as necessary in our business operations and course of business. You agree to not communicate with us for any unlawful or illegal purpose.


SECTION 11: EARNINGS DISCLAIMER


Any earnings, income, or financial claims or examples shown on our Site, Products and/or Services are estimates only, hypothetical scenarios, testimonials, and do not represent guarantees or promises of your actual, individual results of what is possible now or in the future. Past performance is not indicative of future results.


We make no income or financial claims or guarantees of any kind regarding financial outcomes or potential income based on your use of our Site, Products and/or Services (or our affiliate program, if any).


Your individual results will vary depending on a variety of factors, including without limitation your actions, lack of action, efforts, skills, market conditions, and individual circumstances. There is no guarantee that you will make any money using our offerings, and financial risks are involved.


We recommend carefully considering your own situation and conducting your own research before making any decisions.

SECTION 12: CONTACT US


Questions or concerns about these Terms should be sent to us at: hello@hannahsteffenrdn.com