Terms of Use
MomBeyondBaby Coaching Club, BadAss Beyond Baby, RunningBeyondBaby, BusinessBeyondBaby, And MomBeyondBaby App

Please read the Terms of Use for MomBeyondBaby Coaching Club, BadAss Beyond Baby, RunningBeyondBaby, BusinessBeyondBaby, and/or MomBeyondBaby App (herein called the "Program") carefully and in their entirety before purchasing and using the Program.

The Program and its content are owned by Shira Nelson and MomBeyondBaby LLC.

1. Definitions:

"Program" means any or all of the following programs you will or have purchased or joined: MomBeyondBaby Coaching Club, BadAss Beyond Baby, RunningBeyondBaby, BusinessBeyondBaby, and/or MomBeyondBaby App.

“Company”, “We”, “I”, “Our”, or “Us” means Shira Nelson and MomBeyondBaby LLC.

“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Program.

“You” “User” or “Your” means the purchaser and person using the Program.

2. Consent:

By participating in the Program, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms of Use.

3. DISCLAIMER:

By participating in the Program, you understand that Shira Nelson is a Personal Trainer, Hormonal Fitness Specialist, Running Coach, and a Business Coach. We are not medical doctors, psychologists/psychiatrists, or other licensed medical professionals; nor financial adviser, attorney, or accountant.

You are expected to discuss any changes to your health, diet, or exercise regimen with your physician or another medical professional first before trying them.

You are expected to discuss any financial, legal, or accounting decisions or changes with your financial advisor, attorney, or accountant.

Although we do our best to make sure all of the Program’s content is up to date and/or accurate, we do not make any representation that all the information is accurate or free of errors at all times. We do not assume any responsibility for accuracy of the Program’s information, or its safety or efficacy as it applies to you.

You should review any and all changes to your diet, lifestyle, exercise regimen, or supplement routine with your medical professional.

You should review any changes to your business with your financial advisor, attorney, or accountant.

This Program is for informational and educational purposes only. The information and education provided in this Program is not intended or implied to supplement or replace the professional medical treatment, advice, and/or diagnosis; professional advice of an attorney, accountant, financial advisor, graphic designers, web developer or web designer. You should consult with a professional in those areas (medical, financial, legal, accounting, website development and design, graphic designing, etc.) in person with someone where you live or work to discuss issues or questions pertaining to your particular health, legal, financial, or business situation and systems.

4. Assumption of the Risk:

YOU MUST ENSURE YOU ARE PHYSICALLY CLEARED BY YOUR PHYSICIAN TO PARTICIPATE IN THE PROGRAM BEFORE PARTICIPATING. If you have any injuries or limitations, please have them cleared by your physician before attempting to participate in the Program.

By participating in the Program, you are assuming the risk of participating in it and agree to only participate if medically cleared to do so.  We are not responsible or liable for your participation in the Program.

5. Intellectual Property Ownership:

The Program and its content, including, but not limited to, videos, guides, eBooks, forms, worksheets, workbooks, and/or website materials are intellectual property owned by Shira Nelson and MomBeyondBaby LLC.  Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.

6. No Sharing:

You cannot distribute, copy, forward, and/or share the Program or its content with anyone else. Any violations of these Terms of Use will be legally pursued to the fullest extent permitted by law.

You may not share your password or login information with anyone. If you share your password or login with anyone who did not purchase the Program, you will be removed from the Program immediately and no refund will be issued.

7. No Claims Made Regarding Results:

Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and his/her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.

8. DISCLAIMER - No Warranties, Guarantees, or Representations Are Being Made:

We do not offer any representations, guarantees, or warranties, of any variety, regarding the Program in any way. The Program is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law.  We are not liable for damages of any kind related to your use of the Program.

9. Your Release of Us, Indemnification, Hold Harmless:

To the fullest extent permitted by law, MomBeyondBaby LLC expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Program, its materials, our website, or any other information obtained by you from us. By enrolling in the Program, you hereby agree to this limitation of liability and release MomBeyondBaby LLC from any and all claims.

By participating in and/or purchasing the Program, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless MomBeyondBaby LLC, our subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your purchase of or participation in the Program and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms of Use.

By enrolling in the Program, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless MomBeyondBaby LLC as stated in this section herein.

10. Our Refund Policy:

We will do everything within our ability (and within reason) to ensure your satisfaction. Refunds will not be issued for the Program once it is purchased or a monthly payment is paid. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Shira at info@shiranelson.com.

11. ARBITRATION CLAUSE:

If you have any complaint or should any issue arise in the use of the Program, please contact us directly first by emailing Shira at info@shiranelson.com.

However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Shira Nelson and MomBeyondBaby LLC shall submit your dispute to binding arbitration with the American Arbitration Association, 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 agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 20 miles of Tampa, Florida.

If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Florida. The only award that can be issued to you is a refund of any payment made to MomBeyondBaby LLC for the applicable Program. You are not permitted to seek additional damages, including consequential or punitive damages.

12. Limitation of Liability:

Shira Nelson and MomBeyondBaby LLC are not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Program. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Program or its content, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

13. Payment + Purchase Terms:

When you pay for the Program by credit card, you authorize and give permission to MomBeyondBaby LLC to charge your credit or debit card for the amount owed for payment of the Program. When you purchase the Program, your information (i.e. credit card and contact info) may be collected by the third-party merchant PayPal or Stripe who may have privacy policies or security practices that are different than ours. Shira Nelson and MomBeyondBaby LLC is not responsible for the merchant’s independent policies or practices.

You hereby authorize and give permission to MomBeyondBaby LLC to automatically charge your credit or debit card monthly as payment for the Program, for which you will receive an electronic receipt, at the time in which payment is due without any additional authorization from you.

In the event that payment is not successfully made by the due date, you have a three (3) day grace period to make your payment of the Program. If such payment is not received, your access to and participation in the Program will not continue. If you fail to make payment within the grace period or at any other time, you are still responsible for all payments for the full cost of the Program.

14. Cancellation: 

You may cancel your membership to the MomBeyondBaby Coaching Club and/or to the MomBeyondBaby App at any time. For PayPal subscriptions, it's your responsibility to cancel any future charges inside your PayPal account. For other subscriptions, please email us your cancellation request at info@shiranelson.com. Within 24 hours of your cancellation, your will be removed entirely from the Program, including but not limited to, the membership site, private Facebook group, MomBeyondBaby app, and the private coaching club email list.

15. Severability

The provisions of these Terms of Use shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of these Terms of Use shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms of Use as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.

By purchasing and/or participating in the Program, you implicitly signify your agreement to all of the terms in these Terms of Use.

16. Contacting Us:

If there are any questions regarding this terms of Use, you may contact us using the following information:

MomBeyondBaby LLC

Website: www.programs.shiranelson.com

Email: info@shiranelson.com

Updated on August 4th, 2018