T erms and Conditions for website use and entering into a program with NoBadDays Online

Welcome!

The following Terms and Conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of NoBadDays.biz, including any subdomains, including any content, functionality and services offered on or through NoBadDays.biz (the “website), whether as a guest or a registered user. NoBadDays Online is owned by KuhlFish, LLC and NoBadDays, LLC (Company) and for the purposes of this document we will refer to NoBadDays Online for all programs ascribed under the two LLC’s listed above and the affiliates NoBadDays Online partners with. All Terms of Use fall under the Company and the affiliate companies partnered with NoBadDays Online.

 

Please read the Terms of Use carefully before you start to use the website. By using the website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use including the agreements incorporated by reference herein, you must not access or use the website or open emails pertaining to NoBadDays Online and or its affiliates.

 

The website and plans offered within are 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 NoBadDays Online and their affiliates and meet all of the foregoing eligibility requirements.

 

CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter and anything associated with NoBadDays Online.  Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding to you.

ACCESSING THE WEBSITE AND PROGRAMMING:

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. Do NOT share passwords or any media from any coaching(s) without prior consent from the Company. Doing so is theft and will be treated as such including removal from any programs or courses with no option for a refund, this includes any refund window previously extended to you.

We have the right to disable any username, password or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

As an online platform, your programming and information will be disseminated via email, the NoBadDays app and our members only access. It is up to you to make sure you remember all logins so that you don’t miss the information.

 

NO UNLAWFUL OR PROHIBITED USE AND INTELLECTUAL PROPERTY

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website strictly in accordance with these Terms of Use.

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, videos, audio, 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.

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.  NoBadDays does use other websites to host their podcast and flash briefings, which can be accessed through this site with links to the websites where those are hosted. Any information provided in the podcasts and flash briefings are for informational and educational purposes only and not meant to cure, treat or prevent disease. 

NoBadDays online may link to other affiliate sites and might make a commission off of your purchase on one of their affiliate links.

USE OF TEMPLATES AND FORMS

The Company may provide 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 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 use and may not be sold or redistributed without the express written consent of the Company.

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 “Free Content”) 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 Free Content in any manner.

By downloading the Free Content, you agree that the Free Content you 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 downloading the Free Content, you further agree that you shall not create any derivative work based upon the Free Content and you shall not offer any competing products or services based upon any information contained in the Free Content.

PAYMENTS AND REFUNDS

The Client understands that the regular cost of the Program is what is listed on the website. However, NoBadDays and its affiliates has the rights to change the cost at any time. Instances such as promotions may expire and NoBadDays Online and their affiliates will increase pricing.
Payments are made online and by credit or debit card. If a payment lapses due to an expired card the client will be due the prorated charges according to the number of days past due. Certain programs are subscription based and will roll over month to month or on a yearly basis.  It is up to the client to cancel their account prior to the next billing cycle. Otherwise they will be charged the amount for the next cycle and cannot be reimbursed. The client can contact customer service if there are extenuating circumstances beyond the clients control.

The Coach reserves the right to cancel the program if at any point she or he feels it is not advantageous for the coaching program to continue. If this happens, the Client is only responsible for the pro rata share of coaching services received.

The client also reserves the right to cancel the program at any point they aren’t satisfied with the programming. We however want you to give your best effort to apply all of the strategies in the plans offered. See each section for specific refund instructions. All refund inquires will be directed to jolenenobaddays@gmail.com

Plans: The client is responsible for any charges related to deliverables that have already been given out.  For instance, if the client signs up for a plan and is given all the deliverables for the plan and then cancels, the client will not receive their money back.  Payment for all plans are nonrefundable.

The NoBadDays Online app: The app is available only through the monthly membership or the plans purchased through the website.  Therefore if you want to cancel the app you must cancel your monthly membership before the next billing cycle. The app is run by a third party (Trainerize). If you cancel your monthly subscription it will automatically archive your account in Trainerize.  If you want to start up again your account information won’t be deleted. 

Monthly Subscriptions: The monthly subscription group pays month to month automatically with a credit or debit card on file.  Cancellation of the monthly subscription group must be done before the next billing cycle or NoBadDays Online reserves the right to not issue a refund. It is your responsibility to know when your subscription renews. Check your credit card statements if your unsure. 

Members only access to the back end of the website nobaddays.biz will remain open for a client as long as they are involved in a plan.

Events: We do NOT offer refunds on any events or event tickets. However, they are transferable for a cost of $10.

DISCLAIMERS

The Client understands that the role of NoBadDays online or it’s affiliate partners is not to prescribe or provide health care, medical or nutrition therapy services; or to diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. Rather, the Coach who contracts with NoBadDays online is a mentor and guide who has been trained in their field of study and is considered an expert on the topic. The coaches main goal is to help clients reach their own health goals by helping clients devise and implement positive, sustainable lifestyle changes. The Client understands that the Coach is not acting in the capacity of a doctor, licensed dietician-nutritionist, psychologist or other licensed or registered professional, and that any advice given by the Coach is not meant to take the place of advice by these professionals. If the Client is under the care of a health care professional or currently uses prescription medications, the Client should discuss any dietary changes or potential dietary supplements use with his or her doctor, and should not discontinue any prescription medications without first consulting his or her doctor.  

The Client has chosen to work with the NoBadDays Online Coaches and understands that the information received should not be seen as medical or nursing advice and is not meant to take the place of seeing licensed health professionals.

You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or any other social media, podcast site or flash briefing. The Company provides educational and informational resources that are intended to help users of this Website and other social sites affiliated with Nobaddays to 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.

 

PERSONAL RESPONSIBILITY AND RELEASE OF HEALTH CARE RELATED CLAIMS

The Client acknowledges that the Client takes full responsibility for the Client’s life and well-being, as well as the lives and well-being of the Client’s family and children (where applicable), and all decisions made during and after the use of programing or information provided by the NoBadDays company. 

The Client expressly assumes the risks of the Program, including the risks of trying new foods or supplements, and the risks inherent in making lifestyle changes. The Client releases the Coach and NoBadDays Online as well as their affiliates from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, which the Client ever had, now has or will have in the future against the Coach and NoBadDays Online and its affiliates, arising from the Client’s past or future participation in, or otherwise with respect to, the Program, unless arising from the gross negligence of the Coach or NoBadDays Online.

 

NoBadDays Online App: This app will include weight training and/or cardiovascular exercise. Because physical exercise can be strenuous and subject to risk of serious injury (including but not limited to musculoskeletal injury, spinal injuries, abnormal blood pressure responses, and rare instances heart attack or death), it is urged that you obtain physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You agree that by participating in physical exercise or training activities, you do so entirely at your own risk.

 

CONFIDENTIALITY

The Coach will keep the Client’s information private, and will not share the Client’s information to any third party unless compelled to by law.  The NoBadDays Online app does include a community of people who will be able to see the exercises you have completed. However, they will not be able to see your pictures and statistics or nutrition stats. There may be group coaching necessary that takes place in a webinar format.  Please note that it is impossible to keep confidentiality if you are choosing to be a part of a group dynamic where you are being asked to share.

 

ARBITRATION, CHOICE OF LAW, AND LIMITED REMEDIES

In the event that there ever arises a dispute between Coach and Client with respect to the services provided pursuant to this agreement or otherwise pertaining to the relationship between the parties, the parties agree to submit to binding arbitration before the American Arbitration Association (Commercial Arbitration and Mediation Center for the Americas Mediation and Arbitration Rules). Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be conducted by a single arbitrator. The sole remedy that can be awarded to the Client in the event that an award is granted in arbitration is refund of the Program Fee. Without limiting the generality of the foregoing, no award of consequential or other damages, unless specifically set forth
herein, may be granted to the Client.

This agreement shall be construed according to the laws of the State of Washington, where NoBadDays Online exists as a legal entity. However, this agreement is binding in all Countries. In the event that any provision of this Agreement is deemed unenforceable, the remaining portions of the Agreement shall be severed and remain in full force.   

INTERNATIONAL USERS

The Service is controlled, operated and administered by the Company from our offices within the USA. If you access the Service from a location outside the USA, 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.

ENTIRE AGREEMENT
Unless otherwise specified herein, this agreement, along with the Privacy Policy and Disclaimer, constitutes the entire agreement between the user and the Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

If the terms of this Agreement are acceptable, please check the agree to terms and conditions box. By doing so, the Client acknowledges that: (1) he/she has received a copy of this letter agreement; (2) he/she has had an opportunity to discuss the contents with the Coach and, if desired, to have it reviewed
by an attorney; and (3) the client understands, accepts and agrees to abide by the terms hereof.

CONTACT US

KuhlFish, LLC and NoBadDays, LLC Management welcomes your questions or comments regarding the Terms of Use.

Jolenenobaddays@gmail.com Effective March 1, 2019