Terms of Use

TERMS OF USE / TERMS & CONDITIONS

The Elimination Plan

By checking the box next to these Terms of Use, and clicking the “Purchase” button, you, the purchaser of the Elimination Plan (“Customer”) agree to purchase this item provided by Michele Shareef LLC., a California Limited Liability Company (“Company”) and agree to enter into this legally binding agreement, with terms as follows:

For good and valuable consideration, Customer agrees to purchase The Elimination Plan, a Digital Course, (“Purchase”) from Company. In exchange, Company agrees to provide the purchased item, with details as outlined below.

PURCHASE DETAILS.

The Elimination Plan is an online course providing nutritional education as well as a 21 day meal plan.

A. Customer understands and agrees this purchase includes (“Services”):

a. Nutrition Education

b. Wellness Education

c. Meal Plan

d. Shopping List

e. Consultation call (provided as an additional purchase option)

B. Customer understands and agrees this purchase does not include:

a. Medical Advice

b. Guarantee

c. 1:1 Coaching

d. Tailored Meal Plan

Customer has done sufficient research to fully understand what is included in the Services and what is not included in the Services. Customer agrees to be bound by Company’s Disclaimer which is posted here: https://mindfullymichele.com/pages/disclaimer

PAYMENT.

In consideration for the Services provided by Company to Customer, Customer agrees to pay Company a fee of $99 (“Fee”). Customer agrees to make payment via Visa, Mastercard, Amex, Stripe, Square, PayPal Customer agrees to be responsible for the full Fee and agrees to pay the full Fee electronically, via Company’s website or Company’s selected third party payment processor.

Customer shall make payment in full prior to gaining any access to the Services.

If a Payment Plan has been offered by the Company to the Customer, Customer gives Michele Shareef LLC permission to automatically charge Customer’s method of payment on file for all installment payments, at the time they are due, without any additional authorization.

COMMUNICATIONS.

A. Group Coaching Sessions.

For Group Coaching Option: Group coaching sessions will be scheduled at a time that is universally acceptable to the members of the group, however Customer understands this timing may not always work for Customer’s schedule. Customer understands that any inability to attend a group session is in no way the fault of Company and does not affect the Services. When participating in the group, Customer agrees not to be disruptive, hurtful or harassing to any members of the group.

B. Social Media Group.

Customer will be granted access to a private group on social media as part of the Services. When participating in the social media group, Customer agrees not to post anything defamatory, harmful, hurtful, harassing or that would constitute cyberbullying. Customer understands that Company has a zero tolerance policy and will immediately terminate Customer’s access if this provision is violated.

C. Access to Company.

During the Services, Company will be accessible to Customer via Facebook group. This includes posting questions in the Facebook for 21 days. Company will respond as soon as possible.

NON-DISCLOSURE AND CONFIDENTIALITY.

Customer understands that the Services include access to Company’s intellectual property, original work, trade secrets and other proprietary information, (“Company’s Information”), including but not limited to Course Materials, Videos, Nutrition, Meal Plans, Wellness Plans and Education and other unpublished information. Customer agrees not to share, distribute, repurpose, claim ownership of, use for commercial benefit, disclose to third parties or copy any of Company’s Information and agrees that doing so is in direct violation of these Terms of Use. Customer understands that this non-disclosure provision remains in effect in perpetuity and Company reserves the right to prosecute any such violation to the full extent of the law.

By participating in The Elimination Plan Customer may share private and confidential information with Company and other customers in the group program (“the Group”). Company agrees not to disclose such confidential information to anyone not in the Group. Customer may authorize Company to disclose such information in writing.

A reserved exception to this is if Company is required by law to disclose information shared by Customer, or if Company has a good faith reason to believe that disclosing such information is necessary to protect Customer, Company, a third party, or to respond to an emergency. In such event, Company will limit disclosure to essential information.

Customer also understands that other members of the Group may share their confidential or proprietary information (“the Group Information”). Customer agrees not to copy, share, distribute, repurpose, claim ownership of, use for commercial benefit or disclose to third parties outside of the Group, any of the Group Information and agrees that doing so is in direct violation of these Terms of Use. Customer understands that this non-disclosure provision remains in effect in perpetuity and a third party may prosecute any such violation to the full extent of the law. Customer agrees to hold Company harmless from any such action taken by a third-party against Customer.

Customer and Company agree that neither will engage in any conduct or communications with any third party, whether private or public, designed to disparage the other.

INTELLECTUAL PROPERTY.

Company owns and maintains all copyrights and intellectual property rights to all of the materials and content in the Services, unless otherwise stated, including but not limited to, documents, videos, audio recordings, worksheets, emails, handouts, recipes, activities, strategies, systems, techniques, logos, trademarks and other proprietary information and original work created by Company, whether created prior to working with Customer or specifically created for Customer.

By purchasing The Elimination Plan, Customer is granted one limited, revocable, non-transferable license to view, read, download, print and use the materials and content in the Services, for Customer’s personal benefit only, as directed by Company. All intellectual property rights remain with Company, nothing in this Agreement shall constitute a transfer of intellectual property ownership.

Customer agrees not to copy, reproduce, edit, duplicate, modify, publish, transmit, replicate on another website, create derivative works from, sell, assist in the sale of, distribute, display, perform, provide access to another person, or in any other way, exploit Company’s intellectual property without Company’s express written consent. If a violation of this provision is discovered or suspected, Customer understands that this may constitute infringement and theft of Company’s intellectual property and may be a violation of United States Federal laws. In that event, Company may terminate Customer’s access to the Services, without refund, and reserves the right to prosecute such infringement to the fullest extent of the law.

TERMINATION.

Customer may terminate and discontinue the Services at any time, for any reason, by providing notice to Company in writing, subject to the terms of this Agreement, but no portion of payments already made will be refunded.

If Company is unable to provide Services as outlined above, Company or Company’s agents will contact Customer to reschedule or offer an alternate purchase. If no suitable alternative is available, Customer may be entitled to a partial refund, which may be pro-rated depending on the nature of the Services, at Company’s discretion.

REFUND POLICY.

Company’s refund policy is as follows:

All purchases are non-refundable; because Company has committed its time to working with Customer no refunds will be given. There is a 7-day satisfaction guarantee full refund. If you try the program for 7 days and are not satisfied. Email [email protected] the reason the program was not satisfactory and our team will review your response to determine refund eligibility.

Customer understands Company’s refund policy and agrees that no refunds will be given outside of the scope of this policy.

Customer further understands that if Customer cannot participate in the Services, all payments are still due under these Terms of Use. Any chargeback or threat of chargeback made by Customer will result in immediate termination of Customer’s access to the Services and an additional $ $250 fee to Customer.

TESTIMONIALS.

Company may request Customer to provide a testimonial on the Services. Customer understands that there is no requirement to provide such a testimonial and further understands that if Customer declines to provide such a testimonial, there will be no negative consequences or change in relationship between Company and Customer.

If Customer chooses to provide a testimonial, it will be purely voluntary, at Customer’s own discretion. Customer understands that the testimonial, along with Customer’s identifying information may be used in Company’s marketing and promotions, with no financial compensation to Customer, and Company will hold an unlimited, irrevocable, worldwide license in perpetuity to use, publish, distribute or repurpose any information provided to Company as part of such testimonial. Customer agrees to sign a Testimonial Release if requested by Company.

NO GUARANTEES, NO WARRANTIES.

Customer is participating in the Services voluntarily and understands that Company makes no guarantees regarding Customer’s results with the Services.

Customer agrees that Company is not responsible and Customer does not have a cause of action, legal remedy or an entitlement to a refund if Customer does not achieve the desired result upon completion of the Services. Customer agrees that Company is not responsible if there are errors or omissions in the Services.

The Services are provided “as is,” and, except for the express warranties in these Terms of Use, are offered with no warranties of any kind, whether express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, merchantability, expectation of course of performance and non-infringement. Customer agrees not to hold Company responsible if Customer becomes dissatisfied with the Services. The Services are intended for a general audience and are not in any way specific advice tailored to any individual.

Customer acknowledges and agrees that the Services are designed to support Customer in reaching goals, but Customer’s success depends on many factors, including Customer’s commitment to the meal plan provided, following the educational tips and motivation, dedication, starting point, willingness to be open, honesty with yourself, unique health and genetic profile Customer understands that these factors will impact Customer’s results. Customer acknowledges the Services offer guidance, direction and program materials but do not actually implement anything for Customer. Customer is responsible for producing all results.

DISCLAIMER, FULL DISCLAIMER INCORPORATED BY

REFERENCE.

Nothing in the Services is intended to constitute or should be relied upon as medical, mental health, financial, business or legal advice. Michele Shareef LLC. provides Health & Nutrition information and education. Customer understands that Company does not diagnose, treat, heal, cure or prevent any illness, medical condition or mental or emotional condition and nothing in the Services is intended to diagnose, treat, heal, cure or prevent any illness, medical condition or mental condition.

Company is providing services only in the capacity as a Health & Nutrition Coach and not as a licensed medical professional, licensed mental health professional or licensed business professional. Nothing in the Services is intended to be a substitute for consultation with a licensed medical professional, licensed mental health professional or licensed business professional. Customer is encouraged to consult with a licensed medical professional, licensed mental health professional or licensed business professional to review and advise Customer on Customer’s specific situation.

Customer has read, understands and consents to be bound by Company’s full Disclaimer, located at https://mindfullymichele.com/pages/disclaimer, which is incorporated here.

ASSUMPTION OF RISK.

Customer is entering into this Purchase voluntarily at Customer’s own free will. Customer understands that the Services may include participation in lifestyle strategies including diet, exercise, movement elements or financial, business or career strategies, which include inherent risks of harm, illness, injury and other negative results. Customer confirms that during participation in the Services, Customer will always have the opportunity to consult with a licensed medical professional, mental health professional or licensed business professional before acting on any content in the Services. If Customer chooses not to consult with other licensed professionals and chooses to act on any content in the Services, Customer agrees that Customer is acting voluntarily and assumes all risks of use or non-use and agrees not to hold Company responsible for any harm, illness, injury or other negative results.

LIMITED LIABILITY, INDEMNIFICATION.

Customer agrees that under no circumstances is Company to be held liable for any damages, whether direct or indirect, resulting from the Services or these Terms of Use, including any losses, injuries or medical ailments, and Company expressly excludes such liability to the fullest extent of the law. In no event shall Company’s liability exceed the fees paid under these Terms of Use.

Customer agrees at all times to indemnify, defend and hold Company and its team members, agents, affiliates, and other parties associated with Company, harmless from any actions, losses, damages or expenses, as well as third party claims, including attorneys’ fees and expenses, arising out of or related to the Services or these Terms of Use.

GOVERNANCE.

These Terms of Use shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California, regardless of Customer’s location. The exclusive venue for any legal proceeding based on or arising out of these Terms of Use shall be United States of America County, Orange.

DISPUTE RESOLUTION, LITIGATION EXPENSES.

Should any dispute arise between Customer and Company, it would be preferable to work it out amicably, but if that is not possible, then Customer agrees that the dispute will be resolved by Arbitration, by the American Arbitration Association, in Orange County, California. Customer agrees to participate in the arbitration process in good faith, and further agrees that the decision made by the Arbitrator is binding, not subject to appeal, and enforceable in any court of competent jurisdiction as a judgment of law. Customer understands that any claim must be commenced within one year of the date of the grievance, or forfeited forever.

Customer understands that the only remedy that can be awarded through Arbitration is a refund of payments made to Company. NO AWARD OF ANY CONSEQUENTIAL OR ADDITIONAL DAMAGES MAY BE AWARDED TO CUSTOMER.

If any legal action is brought because of an alleged dispute regarding these Terms of Use, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs incurred in pursuing that action, in addition to any other relief to which they are entitled.

ENTIRE AGREEMENT, WAIVER, MODIFICATIONS,

SEVERABILITY, ASSIGNMENT.

Customer and Company agree that these Terms of Use constitute the entire agreement between them and supersedes any and all prior agreements, discussions, correspondence, understandings or proposals. Customer understands that any expectation regarding the Services, which is not specifically included in these Terms of Use is not included in the Purchase.

Customer agrees that no waiver of any of the provisions of these Terms of Use shall be deemed, or shall constitute, a waiver of any other provision of these Terms of Use, nor shall any waiver constitute a continuing waiver.

Customer agrees that these Terms of Use are not to be altered, amended, extended or considered waived in any way, except in writing, with an additional Addendum, signed by both Customer and Company, or by an authorized signatory for either party.

If any term of these Terms of Use is found to be invalid, void, or unenforceable under applicable law, the other provisions shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated.

These Terms of Use are not assignable, delegable, sub-licensable, or otherwise transferable.

NOTICE.

All notices, requests, demands, and other communications regarding these Terms of Use shall be in writing, sent via the US mail, addressed as follows:

617 ½ Delaware St.

Huntington Beach, CA 92648

TERMS AND CONDITIONS

Of www.mindfullymichele.com and https://mindfullymichele.thinkific.com/courses/eliminationplan

LAST UPDATED 6/18/2022

INTRODUCTION.

The website www.mindfullymichele.com and https://mindfullymichele.thinkific.com/courses/eliminationplan is owned by Michele Shareef LLC. a California, Limited Liability Company.

These Terms and Conditions disclose our policies for how you may use our website and any of our content, programs, products and services. They outline your rights and obligations with regard to our website. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. Your use of our website, and any information that you provide to us, is subject to these Terms and Conditions.

By accessing our website, you are using it, and you acknowledge that you have read these Terms and Conditions and consent to be bound by all of their terms, without modification. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS, NAVIGATE AWAY FROM THIS WEBSITE.

DEFINITIONS.

“Website”= www.mindfullymichele.com and https://mindfullymichele.thinkific.com/courses/eliminationplan and all content on www.mindfullymichele.com and https://mindfullymichele.thinkific.com/courses/eliminationplanand all services offered on www.mindfullymichele.com and https://mindfullymichele.thinkific.com/courses/eliminationplan

“We,” “us,” and “our” = Michele Shareef LLC.

“User,” “you,” and “your” = website visitors, customers, and any other users of our website.

“Service” and “Services” = (but are not limited to) education and resources regarding mindfulness, nutrition, meal planning, selfcare, recipes, course material, meal plans, informational/promotional newsletters, digital products, physical products, coaching services, group programs, membership programs and blogs.

“Content” = all intellectual property, proprietary information, trademarked and copyrighted material and all original works on our website and in our Services, including, but not limited to words, documents, program names, blog posts, data, information, design, website layout, artwork, graphics, color scheme, logos, proprietary information, branding, photographs, audio recordings and videos recordings.

“Personal Information” = information we may collect, use, request, or that you may provide to us voluntarily, and which may be used to identify you. Personal Information may include, but is not limited to, your name, email address, phone number, billing address and credit card information.

YOUR USE OF OUR WEBSITE.

You must be 18 years of age or older to view this website. If you are not 18 and do not have the power to enter into this Agreement, you are an unauthorized user and in violation of this Agreement. By using our website, you affirm that you are 18 years of age or older.

If you are caught violating any of these Terms and Conditions, we reserve the right to immediately terminate your access to our website, Services and access to any program you may have purchased from us, without refund, and to prosecute you to the full extent of the law.

YOUR CONDUCT ON OUR WEBSITE.

A. Lawful Purposes Only.

You agree to use our website for lawful, legitimate, non-commercial purposes only. You agree not to post or transmit through our website any unsolicited advertising or solicitation, mass mailing, petitions for signatures, chain letters or any other form of “spam.”

B. As It Relates to Others.

You agree not to post or transmit through our website any material which infringes on the intellectual property rights of any person or entity and you agree to hold us harmless should you do so.

You agree not to post or transmit through our website any material which violates or infringes on the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable. You agree not to post or transmit through our website any material which contains injurious formulas, recipes, or instructions, which encourages a criminal offense, gives rise to civil liability, or otherwise violates any law.

You agree not to post or transmit through our website any material which would constitute cyberbullying, stalking, abusing, sexually exploiting, violently exploiting or harassing any other users of our website. We have a zero tolerance policy and a violation of this term will result in your comments being immediately removed and we reserve the right to prosecute to the fullest extent of the law.

You acknowledge and agree that we have sole discretion as to whether your content is objectionable, and we have the right to remove it without explanations or legal consequences. You also acknowledge and agree that should your content give rise to further legal action, we reserve our right to pursue, and if a third party should choose to take legal action against you based on content you posted or transmitted on our website, you agree to hold us harmless and fully indemnify us for any actions or consequences that result. You agree that we are in no way liable to you for any defamatory or injurious conduct of any other user and agree to release us from any and all claims arising from such conduct.

C. As It Relates to Technology.

You agree not to post or transmit through our website any content which contains software viruses or other harmful computer software which interferes with or disrupts the operation of our website or any computer hardware or software. You acknowledge and agree that you are solely responsible for all electronic communications sent to us from your computer, phone, tablet or other device.

OUR MATERIALS.

A. Intellectual Property.

All of the Content on www.mindfullymichele.com and https://mindfullymichele.thinkific.com/courses/eliminationplanand included in our Services, unless clearly stated otherwise, is solely owned by Michele Shareef LLC. and is protected by United States and international copyright, trademark and other intellectual property laws, which prohibit its unauthorized use.

You agree not to copy, reproduce, duplicate, modify, publish, transmit, replicate on another website, create derivative works from, sell, assist in the sale of, distribute, display, perform, or in any other way, exploit our content or any of our intellectual property, in whole or in part, whether manually or by electronic means, whether or not you have purchased such information, without the express written consent of Michele Shareef LLC.

We perform regular and routine searches for any infringing uses of our copyrighted material. If you wish to use our Content for any purpose other than viewing it for your own personal use, we offer licenses starting at $5,000. If it is discovered that you are using our Content other than in the ways expressly allowed by these Terms and Conditions, we will notify you and bill you accordingly. We also reserve the right, if such a violation is discovered, to immediately terminate your access to our website and our Services, without refund, and prosecute you to the fullest extent of the law.

When you view our website we grant you a limited, revocable, non-transferable license for personal, non-commercial use only.

You acknowledge and agree that our website consists of original work which has been produced with care, creativity and a significant investment of time, effort and expense and needs to be protected from unauthorized use. You may not represent any of our Content as your own and you acknowledge and agree that to do so constitutes theft and is a violation of our intellectual property rights. You agree not to share purchased materials with others who have not purchased them. You acknowledge and agree not to use our Content to gain profit, or attempt to gain profit, whether financially, or in any other way.

All of the copyrights on our website are solely owned by Michele Shareef LLC. Our logos, tag lines, names, icons and design elements are trademarks belonging to Michele Shareef LLC. which help consumers identify us, and are protected by United States Intellectual Property law. You agree not to use them in any way that is likely to cause confusion among consumers, implies a connection between us, an endorsement by us, or that discredits our brand in any way.

All rights not expressly granted here or by express written consent are reserved by us.

B. Express Written Permission.

Requests for express written permission to use any of the Content on our website or in our Services shall be made prior to such use, in accordance with these Terms and Conditions and can be addressed to [email protected].

C. Our Free Materials.

If you choose to download a free resource from our website, you acknowledge and agree that this free resource is to be used for your personal non-commercial use only. You agree not to edit, distribute or copy this free resource in any way. You agree that if you share this free resource you will provide Michele Shareef LLC. proper credit and you will not represent the material to be your own. You further agree that you will not attempt to profit financially or in any other way from this free resource.

D. Our Newsletter.

If you choose to “opt-in” or subscribe to our free newsletter, in exchange for providing your email address, you acknowledge and agree that you are subscribing to a free, no obligation “advice” email newsletter and that no purchase is necessary to participate. You agree that if you no longer wish to be subscribed to our newsletter, you may “opt-out” or unsubscribe, at any time, by clicking on the link provided at the bottom of every newsletter, or by contacting us at Michele Shareef LLC. If you are unable to remove yourself from our free newsletter, you agree that the minimal intrusion of receiving our free newsletter will cause you no personal, emotional or financial harm, and you will take no action against us for any damages or injuries.

If you choose to “opt-in” you agree to receive communications from us electronically and acknowledge and agree that we may provide notices or disclosures to you in electronic form.

YOUR MATERIALS.

A. Intellectual Property.

You may have the opportunity to upload, post, submit or otherwise transmit material (“Your Material”) to our website. By posting any of Your Material, you automatically warrant and guarantee that you are the owner of that material and its copyright, or that you have the express permission of the owner and copyright holder to post it on our website. The responsibility of determining whether you own Your Material and have permission to upload, post, submit or otherwise transmit the material is entirely yours. You acknowledge and agree that we are in no way liable for any material you may upload, post, submit or otherwise transmit to our website. You acknowledge and agree that you are solely liable for any damage or injury which results in any way from Your Material, including any damages from copyright, trademark or proprietary rights infringement. You agree to hold us harmless from and against all claims and liabilities arising from any potential or actual infringement and or violation claimed against you. By uploading, posting, submitting or otherwise transmitting Your Material, you automatically warrant and guarantee that you are not violating any laws, rules, regulations or rights of third parties.

B. Security of Your Materials.

If you upload, post, submit or otherwise transmit Your Material via our website, you acknowledge and agree that third parties may see and have access to that content. We do not make any warranties or guarantees regarding the security of any content that you upload, post, submit or otherwise transmit to our website.

C. Our License to Your Materials.

When you upload, post, submit or otherwise transmit Your Material to our website, you grant us an irrevocable worldwide, royalty free, non-exclusive license to the content, in perpetuity, without any credit or compensation to you. This license grants us the right to use Your Materials for any purpose, including, to modify, change, transmit, publish, perform, sub-license, reproduce, broadcast, post, sell, create derivative works of or distribute, for promotional, business development and marketing purposes, in whole or in part, in any way now known or developed in the future. You also grant us proprietary rights and intellectual property rights to Your Material without any additional permission needed from you or compensation to you by us. You also grant us the right to use Your Material and to identify you, or not identify you, as the author/uploader of Your Material by using your name, email address, photograph or screen name or any other reasonable manner of identification.

D. Your Account.

To access certain Services on our website, you may be required to create an account, including a user name and password or provide other Personal Information such as your name and email address. In order to purchase our Services, you will also be required to submit payment information and a billing address. You acknowledge and agree that any information you provide to us is voluntary and if you do not wish to disclose such information, you can refrain from using our website and Services. You agree that any information you provide to us will be accurate and up to date. You agree not to impersonate someone else or provide an email address other than your own and you acknowledge and agree that should information you provide to us prove to be inaccurate or if you choose to impersonate another, this may constitute a legal violation and you agree to be financially and legally responsible for any consequences that may result. You agree not to use your account in a way that is illegal, unauthorized or violates any laws in your jurisdiction.

TESTIMONIALS.

All testimonials posted on www.mindfullymichele.com and https://mindfullymichele.thinkific.com/courses/eliminationplan have been provided voluntarily, are factual and reflect the real life experiences of users of our Services. You acknowledge and agree that these testimonials are not a guarantee that you will have the same or similar results.

THIRD PARTY RESOURCES.

www.mindfullymichele.com and https://mindfullymichele.thinkific.com/courses/eliminationplanmay contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the functionality, accuracy, content and policies of these third party websites or resources. A link on our website to a third party website or resource does not imply any endorsement by, affiliation with, or approval of that third party website and its resources.

These third party websites and resources may have their own Terms and Conditions and Privacy Policies and you acknowledge and agree that it is your sole responsibility to review those Terms and Conditions and Privacy Policies. We make no guarantees or warranties regarding the functionality, legality or accuracy of any content on third party websites or resources. We accept no responsibility for any loss, damage or injury that may result from your use of them. You acknowledge and agree that you are solely responsible for, and assume all risk arising from, your use of any third party websites or resources.

COMMERCE.

We may offer Services for purchase on our website. You acknowledge and agree that by making a purchase on www.mindfullymichele.com and https://mindfullymichele.thinkific.com/courses/eliminationplan, you are subject to these Terms and Conditions, including our refund policy.

A. Services and Pricing.

Although we strive to be as clear as possible in describing our Services and listing their correct prices, you acknowledge and agree there may be inaccuracies on our website. The prices advertised on our website are subject to change. If a discrepancy in pricing is discovered, we will inform you as soon as possible and allow you to purchase at the correct price or cancel your purchase. We reserve the right to refuse or cancel any order with an incorrect price listing. We reserve the right to change or discontinue any Services or features listed on the website, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment. We reserve the right to change our prices at any time, with no notice required. Our Services are offered subject to acceptance of your order. We reserve the right to refuse to sell a Product or service to you, with no obligation to assign reason for doing so.

B. Financial Responsibility.

If you elect to purchase a Service and you make a payment through our website, your Personal Information, including (but not limited to) your full name, address, telephone number, email, method of payment, credit card number and billing information may be collected by us and by an authorized third party payment processor. You agree that all information you furnish for such purposes will be accurate, complete and up-to-date. You warrant and guarantee that you are an authorized user of the credit card or account you use to place your order, and that there are sufficient funds in your account to cover your purchase.

You acknowledge and agree that you are financially responsible for any purchases you make through our website, or by another person authorized by you to act on your behalf. If it is discovered that you charged an unauthorized payment using a credit card or account belonging to someone other than yourself, you acknowledge and agree that you alone remain financially responsible for such purchases.

C. Safety of Your Personal Information.

Although we take measures to safeguard your Personal Information, we make no guarantees or warranties regarding its safety or our ability to prevent its loss or misuse. You acknowledge and agree that we are not liable for any unauthorized access to or use of your information, regardless of negligence, failures, tort, breach of implied or express contract or other causes of action, regardless of damages. You acknowledge and agree that in no event, shall total liability exceed the price of the Services that you purchased from us, or if you have not purchased our Services, then in no event shall totally liability exceed $100 to any one person or collective plaintiffs.

We may use third party payment processors to complete the commercial transactions for the Services on our website. You acknowledge and agree that those third party payment processors may have terms, conditions and policies that are different from those that govern our website. You agree that we are not liable for the terms, conditions and policies of any third party payment processor. You acknowledge and agree that by making a purchase on our website, you may also be subject to the terms, conditions and policies of these third party payment processors and, by making such purchase, you agree to comply with their terms, conditions and policies. We encourage you to visit their websites and read their policies prior to making any purchases on our website. You agree to release us, and any third payment processor we may use, from any claims for damages you may incur as a result of making a purchase from us, and agree not to file any claims against us or any third payment processor we may use, arising from your purchase through our website.

D. Separate Purchase Agreement and Client Agreement.

When you purchase our Services, prior to completing your purchase, you will be presented with and asked to enter into a separate and additional agreement with us, either a Purchase Agreement or Client Agreement, depending on which Service you purchase (together “Additional Agreement”).

If you do not agree to that Additional Agreement, you will not be able to complete your purchase. If you do agree to that Additional Agreement, your purchase of the Service will constitute your acceptance, and a new contract will be formed between us which will govern that purchase, and you will be bound by that Additional Agreement. That Additional Agreement and all of its terms will be in effect alongside these Terms and Conditions, and both shall apply. In the event of any conflict between the two agreements, the Additional Agreement shall prevail.

E. Payments and Delivery.

Prior to processing your payment, you authorize us to complete a standard authorization check to make sure your payment is valid. If your payment does not process fully, we reserve the right to refuse to complete your purchase. No order is deemed accepted by us until payment has been processed.

When you purchase a Service from us, we will email you to confirm the placement of your order and with details regarding product delivery. If there is any error in this email confirmation, you agree to notify us as soon as possible. For digital products, delivery is considered complete when your payment has been processed and we have sent you your confirmation email with the Service’s download link, whether or not you have opened this email. For physical products, delivery costs will be added to the total cost and clearly displayed on your checkout page, prior to purchase. Applicable taxes will also be clearly displayed on your checkout page, prior to purchase. Any purchases you make on our website are subject to availability. Delivery times may vary according to availability and are subject to shipping delays for which we are not responsible.

F. Refunds.

We stand behind our Services and your satisfaction is very important to us. Because we have invested significant time, education, creativity and effort in creating our Services, our refund policy is as follows:

DISCLAIMERS.

By using www.mindfullymichele.com and https://mindfullymichele.thinkific.com/courses/eliminationplan you agree in full to our Disclaimer, which can be found here https://mindfullymichele.com/pages/disclaimer.

A. General Disclaimer.

Our website and its Content are for informational and educational purposes only. You acknowledge and agree that our Content and our Services may not be suitable for all persons, businesses, locations, or specific situations. We make no guarantees regarding the Content presented on this website and your success with applying it. We do not guarantee any specific results through the use of our website and Content and we do not make any guarantees regarding your success, whether legal, medical, financial or otherwise, from the application of our website and its Content. Your decision to visit our website, use any of its Content or purchase Services from us is voluntary and you acknowledge and agree that we are not liable for any harm or damage to you, your health, your well-being, your business, or otherwise which may result from the use, whether direct or indirect, of our website, its Content or our Services. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our website and its Content, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.

Should you choose to use our website and its Content or our Services, whether free or for purchase, you acknowledge and agree that under no circumstances will Michele Shareef LLC. be liable to you or any party for any type of damages stemming from or perceived to stem from, any use or reliance on our website, its Content or our Services, including any injuries sustained as a direct or indirect result of use or reliance on such information. You agree to hold us harmless and release us from any and all claims arising from any use or reliance on information on our website, its Content or our Services, whether now known, or discovered in the future. You expressly agree not to make any claims against Michele Shareef or Michele Shareef LLC.

You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other website participant or user, including you.

B. Legal and Financial Disclaimer.

Our website and its Content are not to be perceived or relied upon in any way as business, financial or legal advice. You acknowledge and agree that Michele Shareef is not an accountant, lawyer, financial advisor, or other business professional and is not acting as such. All information relating to business, finances and the law is for informational and educational purposes only and is not business, financial or legal advice. The information provided through our website and its Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. Nothing on this website, its Content or in any of our Services is intended to be a substitute for professional advice of an accountant, lawyer, financial advisor, or any other expert regarding your specific situation. You are encouraged to consult with your own accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own specific situation pertaining to your legal, business or financial needs.

C. Medical, Health and Mental Health Disclaimer.

Our website and its Content are not to be perceived as or relied upon in any way as medical advice or mental health advice. You acknowledge and agree that Michele Shareef is not a physician, naturopathic physician, nurse practitioner, physician’s assistant, therapist, counselor, mental health practitioner, licensed dietitian, or other licensed or registered healthcare professional and is not acting as such. All information relating to medical and health conditions, products and treatments is for informational and educational purposes only and is not medical advice. The information provided through our website is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by a health professional, such as a physician, naturopathic physician, nurse practitioner, physician’s assistant, therapist, counselor, mental health practitioner, licensed dietitian, or other licensed or registered healthcare professional. Nothing on this website, its Content or in any of our Services is intended to be a substitute for a consultation with any such healthcare professional. You are encouraged to consult with your own health professional for any and all questions and concerns you have regarding your own specific situation pertaining to your health. You acknowledge and agree that any decision you make to use any information on our website or in our Services is voluntary and you are solely responsible for your results.

D. Technology Disclaimer.

We strive to ensure that the availability and delivery of our website and its Content is uninterrupted and error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, to allow for repairs, maintenance, updates or other functions. By using our website, you acknowledge and agree that we make no guarantees or warranties regarding our website and its condition, including its functionality, the existence of viruses, uninterrupted use and availability. To the fullest extent permitted by law, you acknowledge and agree that we are not liable to you for damages, refunds, or any other remedy, should our website or its Content become unavailable, slow or incomplete for any reason. You agree that in the event of an interruption of the access to our website, we do not owe you any refunds or reimbursement. You acknowledge and agree that we may, at any time, in our sole discretion, discontinue our website, its Content, and our Services, without any notice, and such items may no longer be available. You acknowledge and agree that we are in no way obligated to continue operating our website and that we are not liable to you in any way for a decision to cease its operation.

E. Errors and Omissions Disclaimer.

We strive to include the most up-to-date and accurate information on our website, its Content and in our Services. You acknowledge and agree that information contained on our website, its Content and in our Services may inadvertently include inaccuracies, errors or omissions and we expressly exclude any and all liabilities for these inaccuracies, errors or omissions.

F. Warranties Disclaimer.

WE MAKE NO WARRANTIES REGARDING OUR WEBSITE OR ITS CONTENT. YOU ACKNOWLEDGE AND AGREE THAT OUR WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR ITS CONTENT WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE OR CONTENT ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK.

You agree that you are using your own judgment in using our website, its Content and our Services, and you acknowledge and agree that you are doing so at your own risk.

LIMITATION OF LIABILITY.

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL OUR COMPANY, ITS PARENT, SUBSIDIARIES, OR AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES OF ANY OF THEM BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF, WHETHER DIRECTLY OR INDIRECTLY, YOUR USE OF OUR WEBSITE, ITS CONTENT, OUR SERVICES OR YOUR UPLOADED MATERIAL, AND WE EXPRESSLY EXCLUDE SUCH LIABILITY TO THE FULLEST EXTENT OF THE LAW. YOU AGREE THAT WE ARE NOT TO BE HELD LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, RESULTING FROM THE USE OF OUR WEBSITE, ITS CONTENT OR OUR SERVICES, INCLUDING ANY INJURIES SUSTAINED OR MEDICAL AILMENTS THAT RESULT.

ADDITIONALLY, MICHELE SHAREEF LLC. IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE IN THE WEBSITE’S TECHNICAL OPERATION; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL, LOSS OF TIME OR LOSS OF DATA AND ANY OTHER LOSS OR DAMAGE OF ANY KIND; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF MICHELE SHAREEF LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES.

IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL MICHELE SHAREEF LLC’S CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM US, AND IF NO PURCHASE HAS BEEN MADE BY YOU, IN NO EVENT SHALL MICHELE SHAREEF LLC’S CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

INDEMNIFICATION.

You agree at all times to indemnify, defend and hold harmless Michele Shareef LLc. as well as our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, licensees or any other party associated with us, from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees and expenses, arising out of or related to our website, its Content and our Services, or any breach by you of any obligation, warranty, representation or covenant in these Terms and Conditions or in any other agreement with us. You acknowledge and agree that you will provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You agree to cooperate fully and reasonably as required by us, in the defense of any claim. Notwithstanding the foregoing, we retain the right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action which are brought against us. You agree not to settle any third party claim or waive any defense without our prior written consent.

TERMINATION.

You acknowledge and agree that we have the right, at any time, in our sole discretion to refuse or terminate your access to our website, for any reason, without notice or requirement for explanation for such refusal. If your access is terminated, our decision is not open to appeal or any legal action.

GOVERNANCE.

These Terms and Conditions shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The exclusive venue for any legal proceeding based on or arising out of this Agreement shall be Orange County, California.

DISPUTE RESOLUTION, LITIGATION EXPENSES.

Should any dispute arise, it would be preferable to work it out amicably between us, but if that is not possible, then you agree that the dispute will be resolved by Arbitration, by the American Arbitration Association, in Orange County, California. You agree to participate in the arbitration process in good faith, and further agree that the decision made by the Arbitrator is binding, not subject to appeal, and enforceable in any court of competent jurisdiction as a judgment of law. You agree that any Arbitration must be commenced within one year of the date of the grievance, or forfeited forever.

You acknowledge and agree that the only remedy that can be awarded to you through Arbitration is a refund of your payment made to us. NO AWARD OF ANY CONSEQUENTIAL OR ADDITIONAL DAMAGES MAY BE AWARDED TO YOU.

If any legal proceeding is brought for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms and Conditions, the prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in pursuing that action or proceeding, in addition to any other relief to which they are entitled.

ENTIRE AGREEMENT, WAIVER.

These Terms and Conditions, along with the Privacy Policy and Disclaimer posted on www.mindfullymichele.com and https://mindfullymichele.thinkific.com/courses/eliminationplan constitute the entire agreement between you and Michele Shareef LLC. regarding our website and Services, and supersedes all prior and contemporaneous agreements, representations, and understandings between us, with the exception of any separate agreements, including Terms of Purchase entered into by you via your decision to purchase Services from us. You acknowledge and agree that no waiver of any of the provisions of these Terms and Conditions by us, shall be deemed, or shall constitute, a waiver of any other provision of these Terms and Conditions, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver of any of the terms of these Terms and Conditions shall be binding unless expressly executed in writing by us and signed by an authorized officer of our company.

NOTICES.

All notices, requests, demands, and other communications regarding these Terms and Conditions shall be in writing, sent via the US mail, addressed as follows:

617 ½ Delaware St.

Huntington Beach, CA 92648

SEVERABILITY.

If any term, provision, covenant, or condition of these Terms and Conditions is construed to be invalid, void, or unenforceable under applicable law, the other provisions of these Terms and Conditions shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated.

ASSIGNMENT.

These Terms and Conditions are not assignable, delegable, sub-licensable, or otherwise transferable by you. You acknowledge and agree that any transfer, assignment, delegation, or sublicense by you is invalid.

CHANGES TO THESE TERMS AND CONDITIONS.

We reserve the right, at our sole discretion to change, modify or otherwise alter these Terms and Conditions at any time and you acknowledge and agree that the burden is solely yours to routinely check these Terms and Conditions for updates. Such changes will be in effect immediately after being posted on this page. You acknowledge and agree that your continued use of this website after we post any modifications to these Terms and Conditions will establish your acknowledgment of the modifications and your consent to them, whether or not you have read them. We will notify you of any changes by posting them on this page. Please review these Terms and Conditions periodically to keep informed of their terms.

If you have any questions regarding these Terms and Conditions, please contact us at [email protected].