The following terms ("Terms of Use") constitute an agreement between SM Nutrition LLC ("Company"), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by Company ("Website"),

Throughout these terms, the collective content from the Website, Membership, and Membership Materials will be referred to as “Company Content.”

Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. Company reserves the right to modify, alter, amend or update its Website, policies, and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website.

THE MEMBERSHIP
On the Website, you may enroll in an ongoing membership in the Competitive Athlete Nutrition Academy Membership, which is delivered electronically (“Membership”). 

Membership Eligibility
This membership is available for children ages 13-18 and young adults age 18 - 22 years old in the United States. If you are based internationally, the age range accepted into the Membership may vary based upon your local laws and regulations. 

All membership purchases must be made by the parent or guardian of the child participating in the Membership. 

Throughout these Terms, the parent or guardian will be referred to as the “Purchaser.” The child for whom the Membership has been purchased will be referred to as the “Member.” If the Terms refer to you, it is a collective term for both Purchaser and Member. Purchaser understands that they are responsible for all payments and to ensure Member understands all expectations regarding Member’s participation in the Membership. 

Purchasing Enrollment in the Membership
To purchase the Membership, Purchaser will complete the purchase, which includes payment of a minimum of the initial time commitment, and create the Member’s Membership profile in order to access the materials. You will be billed in accordance with the program duration you selected for the Membership. 

Individual Membership
Please note that purchase of the Membership is for one individual. Sharing logins so that multiple people may access the Membership or Membership Materials is strictly prohibited. This includes sharing for multiple family members. 

Cancellation of Membership
Membership may be canceled at any time; however, no refunds will be authorized after fees have been charged. To avoid incurring additional fees, Purchaser must cancel the Membership prior to the next billing date. To cancel or change Membership level, please visit the “settings” section within the membership. Select “Billing info” and follow the prompts to cancel based on your payment method.

The Member’s access to the Membership will be disabled at the expiration of the period for which you have already paid. 
For further support or assistance, please email - hello@smnutritionrd.com.

Refund Policy
No refunds are available for the Membership.
Membership may be canceled at any time. Upon cancellation, your member account will be disabled at the expiration of the period for which you have already paid. You may avoid incurring additional fees by canceling the Membership prior to the billing date.
Tech Support or Customer Service Inquiries
If you encounter any issues when using the Membership, please contact customer service at hello@smnutritionrd.com.

License for Use of Membership Materials
As an active member of the Membership, all Members will receive access to exclusive Membership content (“Membership Materials”). 
All Membership Materials were developed solely for the Member’s personal use and may not be reproduced for publication or for the personal or commercial use of others without permission from written Company, except as stated herein.
If you would like to request to use certain Membership Materials, please email hello@smnutritionrd.com.. Until an authorization is received, both Purchaser and Member agree that they will not use the Membership Materials in any way not provided in these Terms.

Membership Calls
As part of the Membership, Company will host monthly calls for the Members (“Membership Calls”). These calls will be recorded and stored for all Members to access for approximately one month. By attending the Membership Calls, Purchaser is granting Company the right to record and store the call recordings as described herein, which may include the Member’s likeness and name. 

Member Confidentiality
Generally, the information shared by Members in a Membership Call will be kept confidential by Company; however, if any Member should display signs of concerning behavior, such as dangerous behavior or self-harm, Company reserves the right to contact the Purchaser to discuss the concerns. 
Purchaser understands and agrees that the Membership is education-based and is not a medical service. Company is not a covered entity under HIPAA and HIPAA will not apply to the Membership. 

Membership Community Policies
The Membership offers a community component (the “Community”), where content may be contributed or uploaded by Members. Membership Calls are considered part of the Community, in addition to any forums offered by Company. All Members agree to abide by the Community rules stated in these Terms. 
Company’s sole discretion will be used to determine if a Member is in violation of these policies. Any Member in violation will be deleted promptly and will no longer be able to access the Community area of the Membership. No refund will be due to a Member who has been removed for a violation of this policy.

Code of Conduct
The following types of Community contributions will not be tolerated and will be deleted:
harassment directed toward any content creator or Company;
spam;
bullying;
hate speech;
sexually explicity material; 
defamatory statements regarding Company or any third party;
references to illegal acts; or,
contributions that may violate the legal rights of a third party.
Confidentiality in Community
All Members are expected to treat any contributions to the Community as Confidential. Screenshots, streaming or any photos/video disclosing information from the Membership will be considered a violation and will lead to termination. 

For clarity: Members are not permitted to share any information from another Member. 

DISCLAIMER
You understand and agree that there is no guarantee that you will see positive results using the techniques and materials provided in the Company Content. Company assumes no management responsibility for your decisions or practices that you implement based on the Company Content. Company makes no guarantee about your future success based on your participation in the Program.
Company disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided in the Company Content.

NUTRITION DISCLAIMER
All information provided regarding nutrition in the Company Content is intended to be used for informational purposes only. Company Content related to nutrition is not medical advice nor is it intended to replace medical advice. The Company Content is not intended to diagnose, prescribe, or treat any disease, condition, illness, or injury. Before beginning any diet program, modifying your diet, including following the nutrition information available in the Company Content, you should seek advice from a licensed professional.
Company is not responsible for any liability, loss, or damage, caused or alleged to be caused directly or indirectly as a result of the use, application, or interpretation of the nutrition information available in the Company Content.
The Food and Drug Administration has not evaluated the statements contained in any information in the Company Content. Individual results may vary.

WAIVER
Purchaser understand that any changes to Member’s diet or fitness regimens, including changes to food or use of dietary supplements, carries a risk. If Purchaser or Member implement changes based upon any Company Content, Purchaser is doing this at Purchaser’s risk and does so with full knowledge and acceptance of such risks.

NO MEDICAL ADVICE IN THE COMPANY CONTENT
Purchaser understands and agrees that Company may provide dietary, nutrition, wellness, and general healthy living information in the Company Content. If Purchaser enrolls Member in the Membership, Company will act only as a facilitator, which will serve to guide and mentor the Member. Purchaser understands that Company does not provide:
Medical assessment or consultation;
Medical advice or medical treatment;
Medical nutrition therapy or the practice of dietetics;
Counseling; or,
Psychotherapy or psychoanalysis.
Purchaser understands that Purchaser must seek such services from the appropriate licensed provider on behalf of the Member. Purchaser understands that it is Purchaser’s responsibility to discuss all changes to Member’s diet with Member’s medical provider prior to making any changes.

YOUR RESPONSIBILITY IN USING THE COMPANY CONTENT
The Company Content was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided in the Company Content. Company makes no representations, warranties, or guarantees. You understand that results may vary from person to person. Company assumes no responsibility for errors or omissions that may appear in the Company Content.

USE OF THE WEBSITE
Unless otherwise stated, Company owns the intellectual property and rights to all content and material in the Company Content. Subject to the license stated herein, all intellectual property rights are reserved.
You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
Unless it is specifically and expressly made available for such purpose, the following uses are not permitted:
Republication, redistribution, sale, rental, or sub-licensing of content from the Company Content;
Reproduction or duplication of any content on the Company Content for commercial purposes;
Modification of any content in the Company Content;
From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of Company's intellectual property rights. Such use is a limited license to republish the content on the approved social media channels only, with full credit to Company.

PROHIBITED USES OF THE WEBSITE
You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to, scraping, data mining, data extraction, or data harvesting on or in relation to the Website without Company's express written permission.
You must not use the Website to transmit or send any unsolicited commercial communications, including, but not limited to, spam comments. You must not use the Website for any third-party marketing without Company's express written permission.

INTELLECTUAL PROPERTY
Copyright
Unless otherwise noted, the design, content, and all components of the Company Content are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
From time to time, the Company Content will legally utilize copyrights owned by third parties. These copyrights are the respective property of their owners and Company makes no claim of ownership.

Trademarks
Company's trademarks and trade dress may not be used in connection with any product or service that is not Company's, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Company or its owners.
From time to time, the Company Content will legally utilize trademarks owned by third parties. These trademarks are the respective property of their owners and Company makes no claim of ownership.
Content Contributed to the Website
In limited circumstances, you may contribute content to the Company Content, including, but not limited to, suggestions, notes, comments, posts, or submissions. Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party's legal rights, and must not be capable of giving rise to legal action whether against you, Company, or a third party.
Company reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Company's servers; or, (iii) hosted or published on the Company Content. Company takes no responsibility and assumes no liability for any content posted by you or any third party.
Notwithstanding Company's rights under the Terms of Use, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Company Content.
Grant of Rights
You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute any content you contribute to the Company Content. This includes, but is not limited to, text, images, audio material, comments, video material, and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights.
In the event that you contribute any comments or suggestions regarding the Company Content to Company, including, but not limited to, notes, text, drawings, images, designs, or computer programs, such submissions shall become, and shall remain, the sole property of Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

WEBSITE COMMENT POLICY
The Website offers the option for you to leave comments, engaging with the Website's posts. The following types of comments will not be tolerated and will be deleted:
harassment directed toward any content creator or Company;
spam;
hate speech;
defamatory statements regarding Company or any third party;
references to illegal acts; or,
comments that may violate the legal rights of a third party.
Company's sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.

AFFILIATE MARKETING
From time to time, the Website may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.

COMMUNICATION
If you send Company an email, register to use the Website, or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.

LINKS TO THIRD-PARTY WEBSITES
The Company Content may contain links to third-party websites that are not governed or controlled by Company. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relate to your use of the Company Content. Company assumes no control or liability over the content of any third-party sites. You expressly hold Company harmless from any and all liability related to your use of a third-party website.
Prior to engaging in any events or commercial transactions with any third parties discovered through or linked in the Company Content, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked in the Company Content, you expressly hold Company harmless from any and all liability in any dispute.

NO WARRANTIES
The Website and all Company Content is provided on an "as is" and "as available" basis without any representations or warranties, express or implied. Company makes no representations or warranties in relation to the Website, Company Content, or the information and materials provided therein.
Company makes no warranty the Website or Company Content will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website and Company Content are written in English and makes no warranty regarding translation or interpretation of content in any language. 

COMPANY HEREBY DISCLAIMS, ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE AND COMPANY CONTENT, ALONG WITH ANY ANCILLARY SERVICE, ARE BEING PROVIDED “AS IS,” WITHOUT ANY TYPE OF WARRANTY WHATSOEVER. IF YOU ARE A CALIFORNIA RESIDENT, BY ACCEPTING THIS AGREEMENT YOU ARE WAIVING CALIFORNIA CIVIL CODE SECTION 1542 WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HER SETTLEMENT WITH THE DEBTOR.”
LIMITATION OF LIABILITY

COMPANY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNITY

You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys' fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

ARBITRATION
The Terms of Use will be governed and construed in accordance with the laws of the State of Virginia. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near James County, Virginia. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

MISCELLANEOUS PROVISIONS
If any provision(s) of the Terms of Use is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.
The Terms of Use may not be assigned by you without Company's prior written consent; however, the Terms of Use may be assigned by Company in its sole discretion.
All notices with respect to the Terms of Use must be in writing and may be via email to hello@smnutritionrd.com for Company and to your email address.

TERMS & COnditions