This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Bloom and Thrive Nutrition’s coaches are not healthcare professionals. Our services and this site do not provide or offer, and are not a replacement for, professional medical evaluation, advice, diagnosis or treatment (“medical advice”). Bloom and Thrive Nutrition provides the services for informational purposes only. Based on information that you request and/or provide to us. Bloom and Thrive Nutrition provides you: (i) access to our general health and nutrition education and information, (ii) nutritional and other fitness advice from our Coaches; and (iii) references to our resources. While Bloom and Thrive Nutrition believes that the information provided through our Services and Programs and the Website is current and reliable, Bloom and Thrive Nutrition cannoth and does not make any such guarantee or warranty.
You hereby agree that, before using our services, you will consult your physician or other health care provider for medical advice, particularly if you are at risk for problems arising from changes in your diet or lifestyle. Our Services are not intended to be used by minors or individuals with health conditions that makes the kind of changes to diet or lifestyle suggested by our Services, unsafe or inappropriate.
Furthermore, Bloom and Thrive Nutrition shall have no obligation or responsibility to monitor your health status or health condition or to contact or alert any medical or emergency professional. Bloom and Thrive Nutrition shall not be liable to you for your reliance on any information obtained through the use of the Services, Programs or this Website, and Bloom and Thrive Nutrition disclaims all liability in connection with such information. You agree that the information on our Website or provided through our Programs or Services is not medical or health advice.
Bloom and Thrive Nutrition offers four categories of nutritional information,products and services:
1. Women’s Nutrition Coaching and Online including the 4-Week Metabolic Kickstart and the Better Body Composition Program (“Coaching Programs”);
When you register for one of the Coaching Programs, you will receive a structured nutrition and healthy habits program, fitness program and other tools and resources designed to make you successful.
The Metabolic Kickstart is a Self-Guided Program and does not offer any group or 1:1 coaching. The Better Body Composition Program is a Metabolic Nutrition Program + a Monthly Membership which offers both group and 1:1 coaching options to help make adjustments to your lifestyle and keep you on track. Your Coach may adjust your Coaching Program experience based on the information you provide to us. When you register for one of the Coaching Programs, you will receive nutrition and lifestyle resources that you can use to develop a healthy lifestyle and reach your personal health, fitness and weight loss goals. Your Coach will provide individualized nutrition programs for only the Better Body Composition Program and ongoing Coaching Programs or Memberships.
2. Bloom and Thrive Nutrition Free Nutrition Guides & Recipe E-Books (“Nutrition Guides”)
Bloom and Thrive Nutrition offers Nutrition & Fitness guides and Recipe Ebooks either as part of a Program, as part of an advertising give-away. All resources are developed or procured by the Bloom and Thrive Nutrition team through our research in the field of nutrition and exercise sciences.
3. Bloom and Thrive Nutrition’s Better Body Composition Membership Site ("Membership")
Bloom and Thrive Nutrition includes a monthly membership for members of the Better Body Composition Program. Clients can opt to remain in the membership for as long as they need to reach their individual goals and retain access to the Program. With an active Membership, the Client will have access to the Coaching and personalized Nutrition Plans as well as retain access to program resources for nutrition and lifestyle information which have been developed or procured by Bloom and Thrive Nutrition using our research in the field of exercise and nutrition sciences. When addressing fitness, nutrition, or wellness in any of our programs, websites, videos, or other content, they are for educational purposes only and do not replace or override the advice of your own medical health practitioner.
Bloom and Thrive Nutrition offers group coaching, 1:1 coaching, personalized nutrition plans, private community access as part of the Better Body Composition Program, a metabolic nutrition + lifestyle program. All resources are developed or procured by Bloom and Thrive Nutrition through our research in the field of nutrition and exercise sciences.
Clients can choose either a Silver or Gold Membership depending on the level of personalized support and accountability they require.
Members in good standing retain access to the Better Body Composition Program, all Program materials and updates.
If the Client chooses to leave the program and then re-join, the Client understands that they will need to pay the initial fee and sign up for another membership.
ACCESSING THE WEBSITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
NO UNLAWFUL OR PROHIBITED USE AND INTELLECTUAL PROPERTY
As a condition of your use of the Website, you warrant to the Company that you will not use the Website or any of the resources available for download from the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources available for download from the Website.
The Company content is not for resale. Your use of the Website or any of the resources available for download from the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
As set forth more fully in the Disclaimer, the information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. The information contained on this Website and the resources available for download through this Website is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
ACCURACY AND PERSONAL RESPONSIBILITY
As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website.
NO GUARANTEES AS TO RESULTS
As set forth more fully in the Disclaimer, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this Website succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.
EMAIL AND OTHER ELECTRONIC COMMUNICATIONS
Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
USE OF COMMUNICATION SERVICES
The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized the Company spokespersons, and their views do not necessarily reflect those of the Company.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
LINKS TO THIRD PARTY WEBSITES AND SERVICES
The Website may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Website or any association with its operators.
Certain services made available via the Website are delivered by third-party Websites and organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers.
USE OF TEMPLATES AND FORMS
The Company provides various templates and/or forms for download and/or sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use.
By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
USE OF PAID COURSES, PROGRAMS, AND ASSOCIATED MATERIAL
The Company from time-to-time provides various courses, programs, and associated material for sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, programs, and associated material (collectively the “Programs”) for your own personal use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Programs in any manner.
By ordering or participating in Programs, you agree that the Programs you purchase or download may only be used by you for your personal use and may not be sold or redistributed without the express written consent of the Company.
By ordering or participating in Programs, you further agree that you shall not create any derivative work based upon the Programs and you shall not offer any competing products or services based upon any information contained in the Programs.
USE OF FREE DOWNLOADABLE CONTENT
The Company provides various resources on this Website, which users may access by providing an e-mail address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Freemium Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Freemium Content in any manner.
By downloading the Freemium Content, you agree that the Freemium Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
By downloading the Freemium Content, you further agree that you shall not create any derivative work based upon the Freemium Content and you shall not offer any competing products or services based upon any information contained in the Freemium Content.
CANCELLATION / REFUND POLICIES
We want you to be satisfied with your purchase but we also want you to give your best effort to apply all of the strategies in the program(s). You must also demonstrate that you have attempted to implement the program without success. To meet this requirement, you must submit the work outlined in the terms and conditions for the program you are requesting a cancellation/refund for.
For the Dieting 2 Thriving Program: Please click here to review the Program's terms and conditions.
For all paid digitally downloaded products or self-guided online coaching programs, no refunds are offered once payment has been made and the product has been accessed by the Client.
Refunds are not offered for membership fees. Cancellations will be effective once the cancellation request has processed (typically this happens within one business day). You will be unable to log in to the Bloom and Thrive membership area after that time. If you did not submit your cancellation request in time and the current month's payment has already processed, we will not issue a refund for the current month.
It is entirely your responsibility to ensure that you cancel your account in good time should you no longer require the Program.
For Clients in the Membership Programs, membership can be cancelled at any time with the understanding that no guarantees or prorated refunds are offered for either monthly or annual payments. Clients who cancel their Membership will no longer have access to the Coaching, Community or Resources.
Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.
If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: [email protected].
The Company makes no warranties regarding the performance or operation of this Website. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included on or through this website to the fullest extent permissible under law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
Bloom and Thrive Nutrition is here to support and assist you in reaching your own goals, but your success depends primarily on your own effort, motivation, commitment and follow-through. Bloom and Thrive Nutrition cannot predict and does not guarantee that you will attain a particular result, and you accept and understand that results differ for each individual. Each individual’s results depend on his or her unique background, dedication, desire, motivation, actions and numerous other factors. You agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive through this Website.
Code of Conduct
You may not use Bloom and Thrive Nutrition’s Website, Programs or Services for any illegal or unauthorized purpose. In addition to the laws of the Province of Ontario, Canada, you also agree to comply with all local laws that apply to your use of the Website. You may not use the Website in any manner which could disable, overburden, damage or impair the Website, or interfere with any other party’s use and enjoyment of the Website. You agree that you are responsible for your own conduct and communications while use the Website and for any consequences of that use. You agree that when using the Website you will not post or upload any inappropriate, promotional, defamatory, destructive, obscene, or unlawful content; defame, abuse, harass, or otherwise violate the legal rights (such as the rights of privacy and publicity) of others or upload dangerous or harmful files. Bloom and Thrive Nutrition reserves the right to remove individuals from our community in instances of misconduct.
LIMITATION OF LIABILITY
You agree to absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the information contained on this Website and/or the resources you may download from this Website. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of this Website.
The information, software, products, programs and services included in or available through the Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Company and/or it’s suppliers may make improvements and/or changes in the Website at any time.
The Company and/or it’s suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, programs, services and related graphics contained on the Website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, programs, services and related graphics are provided ‘as is’ without warranty or condition of any kind. The company and/or it’s suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, programs, services and related graphics , including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Ontario, Canada. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
The Service is controlled, operated and administered by the Company from our offices within Canada. If you access the Service from a location outside of Canada, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
TERMINATION AND ACCESS RESTRICTION
NO JOINT VENTURE OR OTHER RELATIONSHIP
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Website. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Dispute Resolution and Governing Law
Regardless of any statute or law to the contrary, any claim or cause of action against the Company arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you have a dispute with one or more of our other Clients, you release Bloom and Thrive Nutrition from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
CHANGES TO TERMS
The Company reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.
Bloom and Thrive Nutrition welcomes your questions or comments regarding the Terms:
Bloom and Thrive Nutrition
197 Springfield Cr
Waterloo, ON N2T 2M6
Email Address: [email protected]
Effective as of April 1st, 2020.