Terms & Conditions

TERMS & CONDITIONS

Melioraperformance.com and Meliora Performance, LLC Terms & Conditions

 

Please read these Terms & Conditions carefully and in their entirety before using melioraperformance.com (hereinafter referred to as the “Site”). The Site and its content are owned by Meliora Performance, LLC.

 

PURPOSE: These Terms & Conditions are here to clearly explain the rules, terms, and conditions of using, viewing, and/or browsing the Site and/or purchasing or downloading any course, program, service, or product offered on or by us or the Site.

 

SOME IMPORTANT NOTES:

By using the Site in any capacity, you voluntarily agree to these Terms & Conditions. You agree that you have read, understood, and consented to these Terms & Conditions. If you have any questions, please contact us at support@melioraperformance.com.

 

You must be 18 years or older and be able to consent to these Terms & Conditions. If you are under the age of 18, or you do not agree with these Terms & Conditions, please STOP NOW and do not use this Site or its Content. By using the Site, you agree to the Terms & Conditions contained in this policy, regardless of whether or not you have read these Terms & Conditions.

 

These Terms & Conditions contain an Arbitration Clause and require you to dispute or resolve any claim with us through Arbitration. By agreeing to these Terms & Conditions, you agree to the Arbitration Clause in Paragraph 18 and voluntarily waive your right to a jury trial.

 

By proceeding on the Site, you hereby agree to the following:

 

  1. Definitions:

“Company”, “We”, “I”, “Our”, or “Us” means Meliora Performance, LCC and melioraperformance.com.

 

“Content” means any and all written, visual, video, or audio information contained on the Site, including, but not limited to, any and all emails received from Meliora Performance, LLC, Elizabeth Beaubrook, or any employees of Meliora Performance and any and all written or downloadable material purchased, viewed, or otherwise offered on melioraperformance.com, such as blog posts, documents, information, or other written materials.

 

“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual. For example, personal information includes your name, address, email address, or similar information.

 

“Site, Services, or Products” means melioraperformance.com, Content, email list, social media posts, blog posts, courses, coaching services, forms, worksheets, and any other information readily available on the the Site.

 

“Site” means melorapeformance.com and any and all of the Company’s associated pages, forms, or sub-pages.

 

“You” or “Your” means the user, customer, or viewer of the Site.

 

  1. Consent:

By using the Site, you accept and agree to be bound and abide by these Terms and Conditions. If you do not want to agree to these Terms of Conditions, you must not access or use the Site.

 

This Site is offered and available to users who are 18 years of age or older. By using the Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

 

  1. Site Rules:

By using the Site, you agree & consent not to use the Site:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

 

  1. DISCLAIMER:

By using the Site, you understand that we are human performance coaches and educational consultants. We are not licensed medical professionals and even if indicated, do not operate in that capacity. We are not a substitute for clinical physical or mental health care. You must discuss talk to a qualified medical professional before implementing any suggested or offered changes, additions, or alterations to your lifestyle. Our Content is for informational and educational purposes only.

 

  1. Changes to These Terms & Conditions:

We reserve the right to change, amend, or otherwise alter these Terms & Conditions at any time without notice to you. When changes are made to these Terms & Conditions, at minimum, we will update the “Updated on” date at the bottom of this page. If, at any time, you do not agree with these Terms & Conditions, DO NOT use the Site or engage with our Company.

 

  1. Links to Third-Party or External Websites:

We may offer third-party products, services, or content on our Site. We hold the highest standard for integrity in any partnership or promotion with our Company, though third-parties may or may not have separate and independent privacy policies. Therefore, we assume no responsibility or liability for the content and activities of these linked sites and/or their privacy policy and terms and conditions (or lack thereof).

 

  1. Ownership of Intellectual Property:

The Site and its Content are intellectual property owned by Meliora Performance, LLC. The Site and its Content are protected by United States copyright and trademark laws, as well as state intellectual property laws. If sharing the Site the contents contained therein, you are required to give us proper credit. You may not in any way imply or represent that the Site or its Content are yours or that you contributed to the Site or its Content. You may not claim that you are in any way associated with Meliora Performance, LLC unless directly employed by our Company.

 

  1. Limited License Agreement:

If you access or complete purchases on the Site, or for Services or Products, you are a Limited Licensee. As a Limited Licensee, you agree and understand that the Site, Services, or Products have been developed by us using an immense investment of our own resources. The Site, Services, and Products and our Content are extremely valuable to us. You may not use the Site, Services, or Products or Content in any manner that is unauthorized, unlawful, or against these Terms & Conditions or our Privacy Policy unless authorized by us in expressed written permission obtained prior to your use.

 

By interacting on the Site in any way, you implicitly indicate that you are the lawful owner of such information. By interacting on the Site or submitting any information via comments, forms, or the like, you grant us a license to use your content in any way we see fit, as it relates to our business purposes.

 

  1. Terms of Purchase and/or Access:

You agree and understand that you cannot distribute, copy, forward, and/or share information prohibited by these Terms & Conditions. It is in violation to physically or electronically redistribute Content or related materials owned by our Company unless explicitly authorized in writing to do so. Any violations of these Terms & Conditions will be legally pursued to the fullest extent permitted by law.

 

  1. DISCLAIMER – Guaranteed Results:

Though we often use testimonials to provide real examples of the work we do, they are not guarantees of success or same or similar results.

 

  1. DISCLAIMER – Warranties:

We do not offer any warranties of any kind with the Site, Services, or Products or any Content you may access, paid or unpaid. All products are considered “AS IS” and without warranties of any kind, expressed or implied, to the extent permitted by law.

 

  1. Your Release of Us:

By using the Site or entering into contract, written or implicit, with Meliora Performance, LLC via use of the Site, Services, Products, or Content, you agree to release and forgive Meliora Performance, LLC, its subsidiaries, contractors, subcontractors, affiliates, or business partners from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.

 

  1. Errors of Omission:

We take providing accurate and valid information very seriously and engage in business practices pursuant of that end. However, due to the dynamic nature of science and the complexity of human performance, Meliora Performance, LLC does not guarantee that information or services provided are up-to-date at all times.

 

  1. Our Refund Policy:

We will do everything within our ability and reason to ensure your satisfaction. Refunds for services already rendered or products already purchased will not be issued. We occasionally use third-party vendors to provide material goods. Meliora Performance, LLC does not guarantee refunds or exchanges for material goods purchased through a third-party vendor. For more information on returns and exchange policies, please refer to the vendor’s policy. If you have any questions or concerns regarding this policy please email support@melioraperformance.com.

 

  1. Arbitration Clause:

Should any complaint or issue arise with the use of the Site, Services, or Products rendered by Meliora Performance, LLC, please contact us directly by emailing support@melioraperformance.com. If we are unable to amicably resolve disputes, you agree that the dispute shall be submitted before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules. By agreeing to this term, you hereby understand and agree that you waive your right to a jury trial in court, which would otherwise be available to you. Should any arbitration hearing need to be held, it shall be held in the state of Massachusetts within 30 miles of New Bedford, Massachusetts. If an award is made as part of the judgment, the judgment will be binding and will be entered in court in the state of Massachusetts. The only award that can be issued to you is a refund of any payment made to Meliora Performance, LLC for the relevant Product or Service. You are not permitted to seek additional damages, including consequential or punitive damages.

 

  1. Consent to Governing Law:

These Terms & Conditions, and any dispute arising out of it, shall be governed by the laws of the state of Massachusetts.

 

  1. Consent to Jurisdiction:

You hereby irrevocably consent to the exclusive jurisdiction and venue of any Federal Court or state court located in Massachusetts in connection with any matter arising out dispute of these Terms & Conditions, Privacy Policy, Disclaimers, or as a result of your use or purchase of Services, Products, or Content from Meliora Performance, LLC.

 

  1. Payment & Purchases:

When you purchase or otherwise consume any Content, Services or Products from us or the Site, you may pay by Credit Card. Doing so gives Meliora Performance, LLC permission to automatically charge your credit card for payment. You will receive an electronic receipt for any purchase which you should retain for your records. 

 

If the Product or Services purchased allows payment in installments, you agree that Meliora Performance, LLC has permission to automatically charge the amount due on the date(s) agreed upon at checkout or in writing in your contract. If payment should fail or is otherwise declined, we reserve the right to remove your access from any Content, Product, or Service. In the event your payment method is declined, you are not absolved from payment; you are still responsible for the full cost of your Purchase.

 

Payment processing companies, credit card companies, and banks may have different privacy policies and terms and conditions than our Company. Meliora Performance, LLC is not responsible for the policies of those entities. As such, there exist circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.

 

You hereby release Meliora Performance, LLC from any and all damages related to your payment or use of our payment processing companies and consent not to file any claims against us for any damages or charges which arise from your utilization of chosen payment method on the Site for paid transactions with our business.

 

  1. Limitation of Liability:

Meliora Performance, LLC is not responsible or liable in any way for any and all damages you may receive directly or indirectly from your use or purchase from our Site, Products, or Services. We do not assume liability for damages, injuries, harm, death, or misuse of information or documents, due to any act by you, or lack thereof. Our sole and exclusive remediation for negligence or breach of contract by us shall be a refund in the amount paid for such service or product. No situation or circumstance commits us liable to you for any indirect, special, exemplary, or consequential damages. 

 

  1. Defense & Indemnification

You shall, at all times, indemnify, defend, and hold harmless Meliora Performance, LLC, Elizabeth Beaubrook, and all of our shareholders, officers, members, affiliates, contractors, subcontractors, directors, assignees, employees, and licensees from and against all losses, damages, injuries, delays, deaths, lost profits, and expenses arising out of any proceeding (a) brought by either a third-party or by Meliora Performance, LLC and Elizabeth Beaubrook (b) arising out of your breach of your obligations, representations, warranties, or covenants under these Terms & Conditions or the Privacy Policy; and (c) arising out of any alleged breach or negligence said to have been committed by us.

 

  1. Termination of Your Use

At our discretion and for any reason, we are permitted to terminate your use or access to the Site, Products, or Services, and any Content to include Purchases/Downloads if you abuse, violate, or breach any of these Terms & Conditions, Privacy Policy, or any other terms to which you have agreed.

 

  1. Severability

The provisions of these Terms & Conditions are severable. If any paragraph, section, subsection, sentence, or clause of these Terms & Conditions are rendered illegal, invalid, or unenforceable, it shall have no effect on these Terms & Conditions as a whole or on any other paragraph, section, subsection, sentence, or clause.

 

  1. Privacy Policy:

Please read our Privacy Policy for how we handle your personal information on our Site.

 

  1. Contacting Us:

If there are any questions regarding these Terms & Conditions or the information contained herein, you may contact us using the following information:

Meliora Performance, LLC

Website: www.melioraperformance.com

Mailing Address: 193 Palmer Street, New Bedford, MA 02740

Email: support@melioraperformance.com

 

Updated on 7/31/2024

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