TERMS OF USE

ORACLE ATHLETIC SCIENCE LLC TERMS OF USE

Program Material Ownership- Intellectual Property, Dissemination, and Confidentiality:

All documentation, associated materials, video recordings, audio recordings shared with the client at time of purchase and throughout participation in the program or service are the intellectual property of Oracle Athletic Science LLC and shared for informational and educational purposes only.

Dissemination (sharing) of materials of any kind, including, but not limited to recordings, course access, links, zoom rooms, passwords, and digital or printed materials without express written consent from Oracle Athletic Science LLC is strictly prohibited.

You can not sell, share, or repurpose the content without permission from Oracle Athletic Science LLC and Sam Miller. 

Intellectual Property Ownership. Oracle Athletic Science retains all rights, title and interest in and to all Specializations, Mentorships, Programs, Confidential Information and related information and all copyrights, patent rights, trademark rights and other proprietary rights therein (collectively “Oracle Athletic Science Proprietary Information”). All rights in Oracle Athletic Science Proprietary Information are expressly reserved to Oracle Athletic Science.

 Oracle Athletic Science may pursue all available remedies to protect Oracle Athletic Science Proprietary Information, which may include, without limitation, prosecution to the maximum extent possible under applicable law(s) and to seek, to the fullest extent of applicable law, civil and criminal penalties. Simply put, you cannot take the content contained in the Program and repurpose it for your own profit. Metabolism School and SHREDS are trademarked terms/phrases.

Noncompete and Non-solicitation
For a period of five (5) years after the Effective Date of this terms of use agreement, I agree that I will not create a functional nutrition and metabolism specialization program or a continuing education and/or mentorship program. I also agree that I will not offer education classes or coaching for any fitness industry coaches, nutrition professionals, or health professionals. The term “Functional Nutrition and Metabolism Specialization program” or “FNMS” shall be defined as any business that provides a specialization program or coaching to clients for the purposes of improving physical, metabolic and/or hormonal health. I understand and acknowledge that the scope of this noncompete shall be across the United States, including any virtual space, and in the physical and mental fitness, training, functional health, integrative health, holistic health,
wellness, or coaching industry.

Furthermore, by agreeing to the terms of use checkbox, I promise that I will not attempt to hire any employee, or independent contractor of Oracle Athletic Science; will not assist in such hiring by another person, organization, corporation, partnership, company, firm, business or other entity; and will not encourage any such employee or independent contractor to terminate their relationship with Oracle Athletic Science. I will not solicit nor accept any customer or prospective customer of Oracle Athletic Science and will not assist in obtaining any such customer or prospective customer for any other person, organization, corporation, partnership, sole proprietorship, company, firm, or other entity; and will not encourage any such customer or prospective customer to terminate its relationship with Oracle Athletic Science.

Disclaimer:
The Content contained in the coaching material is strictly for educational purposes. This information, like any information, is subject to change as new discoveries, research, and concepts emerge within the client's field of practice. The information in our programs and products is not medical advice or a substitute for medical advice for you or your clients. 

Upon learning the educational information presented in our products and programs, it is the client's responsibility (your responsibility) to stay up to date on changes, reforms, and modifications to best practices, information, and research.

The Client understands that “coaching” is a relationship that is designed to facilitate the creation/development of personal and professional skills and it is the client's responsibility to develop and implement a strategy/plan for deploying those skills in a responsible manner.

No results are guaranteed and Oracle Athletic Science LLC and Sam Miller make no guarantee as to the utility and longevity of the Content, our programs, and/or the expectations communicated as it pertains to the transfer of the Content to Client.

Results require hard work and affirmative action on behalf of the client (you reading this).

Release of Liability and Indemnity:
Oracle Athletic Science LLC and Sam Miller assume no responsibility for errors made or outcomes that occur from the client utilizing the program and/or the content available for digital download from the purchase page.

Oracle Athletic Science LLC and Sam Miller assume no responsibility and do not guarantee any specific result for any present or future testing, outcomes, or consequences resulting from the client's use of the Content and/or the program.

Oracle Athletic Science LLC and Sam Miller make no guarantees or warranties on the Content and the information contained in the program and/or any of the digital products provided.

Oracle Athletic Science LLC and Sam Miller assume no responsibility for errors or omissions that may appear in the Content, any products or program materials, or digital downloads provided.

I agree to defend, indemnify, and hold Oracle Athletic Science LLC, Sam Miller, his officers, directors, agents, and employees, harmless against all costs, expenses, and losses (including reasonable attorneys’ fees and costs) incurred through claims of third parties (including my client’s clients) against Oracle Athletic Science LLC, Sam Miller, or his contractors, affiliates, and representatives.

Covenant Not to Sue:
In consideration for Oracle Athletic Science LLC and Sam Miller allowing me to access, download, and utilize the content from products and programs made available by Oracle Athletic Science LLC and Sam Miller, I agree that I will not sue Oracle Athletic Science, Sam Miller, or his contractors, affiliates, and representatives and I release Oracle Athletic Science, Sam Miller, and his contractors, affiliates, and representatives from any and all liabilities, claims, demands, actions, causes of actions, costs and expenses of any nature whatsoever arising out of any loss, damage, or injury, including death, that may be sustained by me or my clients, to any property belonging to me or my clients, arising from the utilization of the content, program, or digital products.

Libel and Defamation Clause:
I agree to not make any false statements about Oracle Athletic Science LLC and its affiliates including Sam Miller. I agree to not make any derogatory statements about Oracle Athletic Science LLC and its affiliates including Sam Miller.

This restriction includes any negative and false statement made to anyone in person, on a social media platform, or through any written, audio, or video medium. Should I make a statement that implicates the reputation of Oracle Athletic Science or its affiliates, the program, Sam Miller, Oracle Athletic Science LLC and its affiliates will have all legal remedies available to them including, but not limited to, suing for damages and/or lost profits, injunctive relief, and/or the initiation of a protective order against me.

Recurring Agreements, Monthly Payments, Payment Plans, and Ongoing Charges:

All recurring billing is subject to our a minimum 30 day notice. This means if you wish to cancel your recurring billing you must submit notice in writing 30 days prior to your upcoming bill date. This includes alumni program billing purchased via SamCart, workshops, other pay plans, and recurring mentorship billing. For FNMS Payment Plans refer to your FNMS program agreement and the policy below. 

Conditional Refund Policy:

Our workshops and many of our single classes include a stated conditional guarantee. This means in order to receive a refund you must participate and complete assigned work and tasks and submit this work to [email protected] to be eligible for a refund within the stated period of refund or return eligibility on the program page or sales page. For example, our workshops require viewing the workshop sessions and completing an accompanying handout. The product or services with "100% risk free" on the sales page DO require affirmative action on the part of the client. 

Many of our pages include the opportunity to add additional offers to your cart - it is the client's responsibility (your responsibility) to read the pages and select the products you desire. You (the purchaser and client) are responsible for your purchase decisions on our sales pages. Meaning if you add an item to your cart you will be charged for it. 

There is no cooling off period for online purchases made from out site(s) Per the Federal Trade Commission (hereinafter FTC), there is no cooling off period for sales made entirely online, or by phone.  

By completing the terms of use authorization (checking the box) you agree not to chargeback or dispute payments made via credit card, debit card, or EFT (electronic funds transfer) charged by Oracle Athletic Science to your account. 

For mentorship and specialization programs such as FNMS (The functional nutrition and metabolism specialization) there are no refunds, or exchanges of any kind under any circumstances.