Terms of Service

Last updated January 26, 2025

PLEASE READ THESE TERMS OF SERVICE (“TERMS”) AS THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

Nuesse Health Services, and its predecessors, successors, DBA (doing business as ‘name’ Brand NUE), licensors, beneficiaries and/or affiliates (collectively, “Company”) welcome you to BrandNUEplan.com (the “Site”), which includes all web pages within the Site. By using the Site, you agree to be bound by these Terms, whether you register as a Member of the Site or not. If you do not agree to all the Terms, do not use the Site.

Nuesse Health Services may revise and update these Terms at any time. Your continued use of the Site will mean you accept the revised Terms.

These Terms were last updated on January 19, 2025.

  1. IMPORTANT DISCLAIMER.THE INFORMATION PROVIDED THROUGH THIS SITE OR SENT TO YOU BY A NUESSE HEALTH SERVICES EMPLOYEE IS INTENDED TO ASSIST YOU IN YOUR HEALTH AND WELLNESS EFFORTS. ALL INFORMATION IS OF GENERAL NATURE AND IS FURNISHED FOR EDUCATIONAL PURPOSES ONLY. YOU AGREE AND ACKNOWLEDGE THAT NUESSE HEALTH SERVICES IS NOT A MEDICAL ORGANIZATION, HOSPITAL OR STAFFED BY MEDICALLY TRAINED PERSONNEL. THE INFORMATION PROVIDED THROUGH THIS SITE IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL COUNSELING, OR THE PROFESSIONAL ADVICE OF YOUR PERSONAL PHYSICIAN. BEFORE YOU BEGIN ANY FITNESS OR NUTRITION PROGRAM, CONSULT YOUR PHYSICIAN TO DETERMINE IF THE FITNESS OR NUTRITION PROGRAM IS RIGHT FOR YOUR NEEDS. DO NOT START A FITNESS OR NUTRITION PROGRAM IF YOUR PHYSICIAN ADVISES AGAINST IT. PLEASE NOTE THAT THE SITE’S COACHES/TRAINERS, AFFILIATES OR EMPLOYEES CANNOT PROVIDE YOU WITH MEDICAL ADVICE AND NOTHING THAT YOU MAY READ ON THIS SITE OR THAT IS OTHERWISE PROVIDED TO YOU BY THE SITE’S COACHES/TRAINERS, AFFILIATES OR EMPLOYEES SHOULD BE CONSTRUED AS SUCH. ALTHOUGH NUESSE HEALTH SERVICES AND THE SITE’S COACHES/TRAINERS, AFFILIATES AND EMPLOYEES MAKES AN EFFORT TO PROVIDE QUALITY INFORMATION TO YOU, NUESSE HEALTH SERVICES DISCLAIMS ANY IMPLIED GUARANTEE REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELEVANCE OF ANY INFORMATION PROVIDED THROUGH THIS SITE OR SENT TO YOU BY A NUESSE HEALTH SERVICES EMPLOYEE OR THE SITE. FOR EXAMPLE, HEALTH, DIET & FITNESS ADVICE IS OFTEN SUBJECT TO UPDATING AND REFINING DUE TO MEDICAL RESEARCH AND DEVELOPMENTS. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION PROVIDED THROUGH THIS SITE WILL REFLECT THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL. THE SITE IS INTENDED FOR USE ONLY BY HEALTHY ADULT INDIVIDUALS. THE SITE IS NOT INTENDED FOR USE BY MINORS OR INDIVIDUALS WITH ANY TYPE OF HEALTH CONDITION. SUCH INDIVIDUALS ARE SPECIFICALLY ADVISED TO SEEK PROFESSIONAL MEDICAL ADVICE PRIOR TO INITIATING ANY FITNESS OR NUTRITION EFFORT OR PROGRAM.

ADDITONALLY, NUESSE HEALTH SERVICES RESERVES THE RIGHT TO DISQUALIFY PERSONS FOR PRODUCT AND/OR PROGRAM PURCHASE SHOULD THEY NOT MEET THE CRITERIA SET FORTH BY NUESSE HEALTH SERVICES FOR QUALIFICATON OF SERVICES.

  1. Registration.There is no cost to register as a Member of the Site. However, if you do not register, you may be precluded from using certain features. You must register as a Member in order to obtain a fitness or nutrition program. The Site respects your privacy and a complete statement of the Site’s current privacy policy can be found on our Privacy Policy page. The Site’s privacy policy is expressly incorporated into these Terms by this reference. It is imperative that you provide accurate and truthful information about your health and physical condition during the registration process. In becoming a Member with the intent of using a fitness or nutrition program, you represent and warrant to Nuesse Health Services that all of the personal information you provided during the registration process is true and correct. Nuesse Health Services RESERVES THE RIGHT TO REFUSE OR CANCEL YOUR MEMBER STATUS OR USE OF THE SITE IF Nuesse Health Services DETERMINES THAT YOU HAVE OR IF YOU INFORM US THAT YOU HAVE CERTAIN CONDITIONS. Nuesse Health Services RESERVES THE RIGHT TO CANCEL YOUR MEMBER STATUS SHOULD YOU VIOLATE THESE TERMS AND ANY OTHER POSTED POLICY ON THE SITE.
  2. Free Trial.If a Customer registers for a free trial of the Services, Nuesse Health Services will make the Services available on a trial basis and free of charge to the Customer until the earlier of
  • the end of the free trial period or the start date of Customer’s subscription.
  • If Nuesse Health Services includes additional terms and conditions on the trial registration Web page, those will apply as well. During the free trial period,
    • the Services are provided “as is” and without a warranty of any kind,
    • Nuesse Health Services may suspend, limit, or terminate the Services for any reason at any time without notice, and
    • Nuesse Health Services will not be liable toward Customer for damages of any kind related to Customer’s use of the Services. Unless Customer subscribes to the Services before the end of the free trial, all of Customer’s data on the Service may be permanently deleted at the end of the trial and Nuesse Health Services may not be able to recover it.
  1. Fees.Some of our features require you to pay a fee. You agree to pay the fees and any other charges incurred in connection with your username and password (including any applicable taxes) at the rates in effect when the charges were incurred. The Site uses Square, Apple/iOS or PayPal to process your credit card transactions. We will bill all charges automatically to your credit card, Square, Apple/iOS or PayPal account. Your initial subscription fees will be billed at the beginning of your subscription. Renewal fees will be billed on a weekly, monthly, or annual basis dependent on the length of your subscription. All fees and charges are nonrefundable, except in instances where we are unable or unwilling to provide the requested services. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance.
  2. Renewal.If you purchase a subscription product from us then your subscription will renew automatically for consecutive periods of the same duration as the subscription term originally selected, unless we terminate it or you notify Nuesse Health Services, and/or through our system (receipt of which must be confirmed by email reply from us) of your decision to terminate your subscription. You must cancel your subscription before it renews to avoid billing of subscription fees for the renewal term to your credit card.
  3. Account Security.You are responsible for maintaining the confidentiality of your username and password that you designate during the registration process and you are fully responsible for all activities that occur under your username and password. You shall immediately notify us of any unauthorized use of your username or password or any other breach of security. Nuesse Health Services will not be liable for any loss or damage arising from your failure to comply with this provision. You should use extra 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.
  4. Limitations on Use.Nuesse Health Services grants to you a limited personal, non-exclusive and non-transferable right and license to access the Site. Unless otherwise specified in writing, the Site is for your personal and non-commercial use. The Site including, without limitation, the content, metadata, design, organization, compilation, look and feel, the fitness and nutrition plans and programs and all other protectable intellectual property available through the Site (the “Proprietary Materials”) are the Site’s property or the property of our licensors and are protected by copyright and other intellectual property laws. All rights regarding the Proprietary Materials not expressly granted in this Agreement are reserved by Nuesse Health Services. Unless you have our written consent, you may not copy, reproduce, sell, publish, distribute, display, retransmit or otherwise provide access to the Proprietary Materials received through the Site to anyone. You agree not to rearrange, modify or create derivative works using the Proprietary Materials. You agree not to create, scrape or display our content for use on another website or service. You agree not to post any content from the Site to weblogs, news groups, mail lists or electronic bulletin boards, without our written consent.
  5. Notice for Claims of Copyright ViolationsIf you believe that your work has been copied and posted on our Site in a way that constitutes copyright infringement, you should provide our Copyright Agent with a written notice that sets forth the infringement details. To be effective, the notice must contain the following information:

Please provide:

  1. a description of the copyrighted work that you believe has been infringed;
  2. a description of the material that you claim is infringing the copyrighted work identified in #1, and a detailed description of where it is located on our website.
  3. your address, telephone number, and email address;
  4. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  5. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

Please send the written communication to Nuesse Health Services at BrandNUEplan.com.

We reserve the right, in appropriate circumstances and at our discretion, to terminate the privileges of any account holder who repeatedly infringes the copyrights or other intellectual property rights of others.

  1. User Generated Content. We may offer Members and Coaches/Trainers the opportunity to comment on and engage in discussions and otherwise post content on our Site. All information, data, text, photographs, graphics, video, messages, tags, or other materials that Members and Coaches/Trainers submit in connection with any of the foregoing activities is referred to as “User Generated Content.” Members and Coaches/Trainers are entirely responsible for all User Generated Content that they upload, post, email, transmit or otherwise make available via the Site. By posting User Generated Content on our Site, you automatically grant, and you represent and warrant that you have the right to grant, to Nuesse Health Services, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that posting and use of your User Generated Content will not infringe or violate the rights of any third party. We retain the right (but not the obligation) in our sole discretion to pre-screen, refuse, or remove any User Generated Content. Without limiting the foregoing, we retain the right to remove any User Generated Content that violates these Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, your use of any User Generated Content, including any reliance on the accuracy, completeness, or usefulness of such User Generated Content. We do not control the User Generated Content or guarantee the accuracy, integrity or quality of such User Generated Content regardless of who posted it and whether or not the person who posted has been accepted as a Coach/Trainer or Member. You understand that by using the Site you may be exposed to User Generated Content that is offensive, indecent, and/or objectionable. Under no circumstances will we be liable in any way for any User Generated Content, including, but not limited to, any errors or omissions in any User Generated Content, or any loss or damage of any kind incurred as a result of the use of any User Generated Content posted, emailed, transmitted or otherwise made available via the Site. You acknowledge, consent and agree that we may access, preserve and disclose your account information and User Generated Content if required to do so by law or in a good faith belief that it is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms (iii) respond to infringement or other claims; or (iv) protect our rights, property or personal safety of our Members and the public. In addition to the foregoing, you acknowledge and agree that if you send any User Generated Content to Nuesse Health Services or any of its employees or Coaches/Trainers by email or other methods (other than posting through our Site), that such User Generated Content becomes the non-exclusive property of Nuesse Health Services. Nuesse Health Services shall have no obligation to return such content to users.
  2. Conduct.We reserve the right to terminate your participation and status if you misuse the Site or violate these Terms including, without limitation, the following rules of conduct:

You may not:

  • Upload, post, transmit to other Members by any means, or otherwise make available any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • Impersonate any person or entity, including another Member, Coach, Trainer, or other employees of Nuesse Health Services, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted;
  • Upload, post, email, transmit to other Members by any means, or otherwise, make available any content or materials that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • Upload, post, email, transmit to other Members by any means, or otherwise make available any content or materials that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • Upload, post, transmit to other Member by any means, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • Upload, post, email, transmit to other Members by any means, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Attempt to interfere with or disrupt our servers or networks;
  • Intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law;
  • “Stalk” or otherwise harass another; k. Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users, including user names or passwords; or access or attempt to access another user’s account without his or her consent; and/or
  • Post, disseminate, transmit or otherwise distribute your personal data or plan data on any website or through other digital, electronic or printed forum.
  1. DISCLAIMERS OF WARRANTIES.YOU USE THE SITE AT YOUR OWN RISK. NUESSE HEALTH SERVICES EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR EFFICACY OF THE CONTENT OF THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES IN SUCH CONTENT. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SITE AND THE CONTENT AND SERVICES AVAILABLE THROUGH THE SITE IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND NUESSE HEALTH SERVICES SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NUESSE HEALTH SERVICES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS SITE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN NUESSE HEALTH SERVICES WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW
  2. Limitation of LiabilityYOU ACKNOWLEDGE AND AGREE THAT NUESSE HEALTH SERVICES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NUESSE HEALTH SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE SITE OR ANY WEBSITES LINKED TO THE SITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SITE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (F) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT SHALL NUESSE HEALTH SERVICES ‘S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO NUESSE HEALTH SERVICES. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
  3. Coaches/Trainers.RELIANCE ON ANY INFORMATION PROVIDED BY A COACH/TRAINER ON OR THROUGH THE SITE IS SOLELY AT YOUR OWN RISK. PARTICIPATING IN ANY EXERCISE PROGRAM OR DIET PLAN CAN CAUSE INJURY, AND YOU ELECT TO DO SO ENTIRELY AT YOUR OWN RISK AND EXEMPT NUESSE HEALTH SERVICES, THE CREATOR OF THE PROGRAM OR PLAN, OR THE COACH/TRAINER ASSIGNING THE PROGRAM OR PLAN OF ANY LIABILITY. BEFORE YOU BEGIN ANY FITNESS OR NUTRITION PROGRAMS, CONSULT YOUR PHYSICIAN TO DETERMINE IF THE FITNESS OR NUTRITION PROGRAMS ARE RIGHT FOR YOUR NEEDS. NUESSE HEALTH SERVICES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, ABILITY OR THE EFFICACY, ACCURACY, COMPLETENESS, TIMELINESS OR RELEVANCE OF THE INFORMATION PROVIDED BY THE NUESSE HEALTH SERVICES’S COACHES/TRAINERS AND/OR THE SERVICES PROVIDED BY SAID COACH/TRAINER OR BY THIRD PARTIES FEATURED ON THE SITE INCLUDING BUT NOT LIMITED TO, CELEBRITY COACH/TRAINERS. IN NO EVENT SHALL NUESSE HEALTH SERVICES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF ANY INFORMATION, PROGRAM OR SUGGESTION PROVIDED TO YOU BY A COACH/TRAINER OR COMMUNICATIONS OR MEETINGS BETWEEN COACHES/TRAINERS AND MEMBERS OF OR ANY OTHER PERSONS YOU MEET THROUGH THE SITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH COACHES/TRAINERS, CELEBRITY COACHES/TRAINERS, THIRD PARTIES AND OTHER MEMBERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. IN THE EVENT THE SITE CHOOSES TO PROMOTE THE SERVICES OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, A CELEBRITY COACH/TRAINER, YOU AGREE AND ACKNOWLEDGE THAT THE CELEBRITY COACH/TRAINER WILL NOT PERSONALLY BE PROVIDING THE FITNESS OR NUTRITION PROGRAMS, NOR COMMUNICATING WITH INDIVIDUAL MEMBERS DIRECTLY OR PERSONALLY.
  4. Indemnification.You agree to defend, indemnify, and to hold harmless Nuesse Health Services, together with its officers and directors, from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and attorneys’ fees on account thereof) arising, resulting from or relating to: (a) your use of the Site or your inability to use the Site; or (b) an allegation that you violated any representation, warranty, covenant or condition in these Terms. Your agreement to defend, to indemnify, and to hold Nuesse Health Services (and its officers and directors) harmless applies whether a claim against Nuesse Health Services is based in contract or tort (including strict liability), and regardless of the form of action, including but not limited to your violation of any third party right, a claim that the Site caused damage to you or to any third party and/or your use and access to the Site. This indemnification section shall survive your termination of or cessation of use of the Site.
  5. Third Party Websites.We may link to or promote websites or services from other companies or offer you the ability to download software from other companies. You agree that Nuesse Health Services is not responsible for, and does not control, those websites. Nuesse Health Services encourages you to be aware of this when you leave the Site, and to read the legal notices and privacy policies of each and every website you visit. Your use of a third-party website will be subject to such third-party’s terms of use and privacy policy.
  6. Governing Law and Choice of Forum.These Terms contains the final and entire agreement between us regarding your use of the Site and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Site. We may discontinue or change the Site, or its availability to you, at any time. These Terms are personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. You agree that these Terms, as well as all claims arising from these Terms will be governed by and construed in accordance with the laws of the State of California, United States of America applicable to contracts made entirely within California and wholly performed in California, without regard to any conflict or choice of law principles. The sole and exclusive jurisdiction and venue for any litigation arising out of these Terms or in any way related to the Site will be an appropriate federal or state court located in Tampa, Florida. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
  7. Product Reviews

Product reviews appearing on the Site and various sites or social media associated with Site are often prepared by third-parties (including, but not limited to, review pages, submitted reviews, product reviews, message boards, forums, text files, chats, etc.). Company has not determined whether a specific reviewer’s experience is what an average or typical customer may expect to achieve.

  1. Governing Law

The Terms and the relationship between you and Company shall be governed by the laws of the State of Ohio without regard to any conflicts of laws principles.

  1. Dispute Resolution by Binding Arbitration

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

Most or your concerns can be resolved quickly to your satisfaction by contacting our Customer Service Center via [email protected]. In the unlikely event that Customer Service cannot resolve your complaint to your satisfaction, or if we have not been able to resolve a dispute with you after trying to do so informally, we each agree to resolve those disputes through binding arbitration rather than in court. Arbitration is less formal than a lawsuit. Arbitration uses a neutral arbitrator instead of a judge or jury, allows less discovery than courts, and is subject to very limited court review. The American Arbitration Association (AAA) will serve as the arbitration provider. We agree that any arbitration under these Terms will take place on an individual basis. Representative, group, collective or class actions or arbitrations are not permitted. As explained below, if you prevail in arbitration, Company may pay you more than the amount of the arbitrator’s award and will pay your actual, reasonable attorney’s fees, if you are awarded an amount greater than what Company offered you to settle the dispute before arbitration.

You may speak with your own lawyer before using this Website or purchasing any product or service, but your use of this Website and the purchase of any product or service constitutes your agreement to these Terms.

Arbitration Agreement:

Company and you agree to arbitrate all disputes and claims between us before a single arbitrator. The kinds of disputes and claims we agree to arbitrate are intended to be broadly interpreted, including but not limited to:

    1. claims arising out of, or relating to, any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, advertising, or any other legal theory;
    2. claims that arose before these or any prior Terms became effective;
    3. claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
    4. claims that may arise after the termination of these Terms.

For the purposes of this Arbitration Agreement, references to “Company,” “you,” and “us,” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Website and our products and services under these Terms or any prior agreements between us.

This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Company are each WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A REPRESENTATIVE, GROUP, COLLECTIVE OR CLASS ACTION OR ARBITRATION.

You acknowledge that use of this Website and/or purchase of products or services constitutes a transaction in interstate commerce. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Arbitration Agreement. This Arbitration Agreement survives termination of these Terms.

A party seeking arbitration under these Terms must first send, by U.S. certified mail, a written Notice of Dispute (“Notice”) to the other party. A Notice to Company should be addressed to: [addressee and address, Attn: Notice of Dispute (the “Notice Address”). Company may send a written Notice to the electronic mail address that you provided when you created an account, if any. The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought (“Demand”). If Company and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled.

You may download or copy a form to initiate arbitration from the American Arbitration Association (“AAA”) website at:

https://www.adr.org/support

After Company receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your total claim is for more than $75,000. If your total claim exceeds $75,000, the payment of all arbitration fees will be governed by the AAA rules. The filing fee for consumer-initiated arbitrations is currently $200, but this is subject to change by AAA, the arbitration provider. If you are unable to pay this fee and your total claim is for $75,000 or less, Company will pay the filing fee directly after receiving a written request at the Notice Address. Except as otherwise provided herein, Company will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with these Terms. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought forth for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse the Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.

All arbitration proceedings will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the AAA (collectively, the “AAA Rules”), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, and interpretation of the arbitration provision and the scope, enforceability, and interpretation of Article 23 are for the court to decide.

Unless Company and you agree otherwise, any arbitration hearings will take place in the county or parish of the Company’s primary address in Ohio. If your total claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephone hearing, or by an in-person hearing governed by the AAA Rules. If you choose to proceed either by telephone or in person, we may choose to respond only by written or telephonic response. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a telephone or in-person hearing. The parties agree that in any arbitration under these Terms, neither party will rely on any award or finding of fact or conclusion of law made in any other arbitration to which Company was a party. In all cases, the arbitrator shall issue a reasoned, written decision sufficient to explain the findings of fact and conclusions of law on which the award is based.

If the arbitrator finds in your favor in any respect on the merits of your claim, and the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected, then Company will pay you either the amount of the award or $2,000 (“the Alternative Payment”), whichever is greater, plus the actual amount of reasonable attorney’s fees and expenses that you incurred in investigating, preparing, and pursuing your claim in arbitration (the “Attorney’s Payment”). If we did not make you a written offer to settle the dispute before an arbitrator was selected, you will be entitled to receive the Alternative Payment and the Attorney’s Payment, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the Alternative Payment and the Attorney’s Payment at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. In assessing whether an award that includes attorney’s fees or expenses is greater than the value of Company’s last written settlement offer, the arbitrator shall consider only the actual attorney’s fees or expenses reasonably incurred before Company’s settlement offer.

The right to attorney’s fees and expenses discussed in paragraph (f) supplements any right to attorney’s fees and expenses you may have under applicable law. If you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney’s fees or costs. Although under some laws Company may have a right to an award of attorney’s fees and expenses from you if it prevails in an arbitration, we will not seek such an award.

The arbitrator may award monetary and injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED REPRESENTATIVE, GROUP OR CLASS ACTION OR ARBITRATION, OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative, group or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. All other claims remain subject to this Arbitration Agreement.

If the total amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.

Notwithstanding any provision in these Terms to the contrary, we agree that if we make any material change to this arbitration provision (other than a change to any notice address, website link or telephone number), that change will not apply to any dispute of which we had written notice on the effective date of the change. Moreover, if we seek to terminate this arbitration provision, any such termination will not be effective until at least thirty (30) days after written notice of such termination is provided to you, and shall not be effective as to disputes which arose prior to the date of termination.

  1. Miscellaneous Terms.Nuesse Health Services may assign its rights and obligations under these Terms. These Terms will inure to the benefit of Nuesse Health Service’s successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms, or to exercise any right under the Terms, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
  2. Promotions and Offers.We may, as part of our services to users, encourage you to participate and enjoy our promotions. The following terms and conditions apply to all offers and promotions, unless otherwise stated. By accepting any promotional offer, you agree to be bound by the following additional terms. The Site reserves the right to send particular promotions to particular Members, Coaches/Trainers, and other individuals. Price discounts cannot be used together or combined with other discount offers. Promotional offers are intended for the addressed recipient only and cannot be transferred. If you are not the intended recipient, then the offer is null and void. Unless you have elected not to receive promotional information, we may also use any personal information you provide to us (including your email address), to provide you (by email or otherwise) with information regarding our contests and promotions, as further described in our Privacy Policy. We may request further information from you if you wish to participate in our promotions and offers. Participation in these promotions is completely voluntary. Therefore, you have the choice to decline to participate in any promotion where you are required to provide further information about yourself.
  3. Delivery Method and Timing.Upon completion of proper signup procedures and any required payment processing then we will make every effort to ensure that you have immediate access to your online purchase.
  4. Return/Refund Policy.Any online product, software, or digital purchases on Nuesse Health Services are subject to the Nuesse Health Service’s Return Policy.
  5. Age Limitations. Use of the site is limited to individuals 18 years of age or older. Your use of the site affirms that you are at least 18 years of age. By accepting this agreement, you are affirming that you are 18 years of age or older and have the legal ability to enter into the terms, conditions, representations, and warranties in the Terms of Service. Nuesse Health Services will not be held liable, so far as the law permits, in any way for use of this site by persons under the age of 18.
  6. Additional Participation Agreement. Through the participation of a Nuesse Health Services program, I do hereby agree to participate in the Brand NUE Preferred Client Program willingly and with the highest expectation of success following the guidelines outlined below. Through the program duration I will have access to the proprietary weight loss system known as the Brand NUE Weight Loss program, including access to guidelines, daily tracking sheet, meal planning, recipes, scheduled check-ins and exclusive customer service and support. To protect the integrity of the brand and program, I agree to:
  1. Complete all components of the program as detailed during your purchase;
  2. Read the entire Brand NUE program guide before starting the program and confirm understanding of expectations;
  3. Watch informational videos and subscribe to YouTube channel (BrandNUEWeightloss);
  4. Follow the Brand NUE program guidelines and protocols exactly as outlined, including keeping accurate records of your daily food, water, and product consumption;
  5. Acknowledge that the Brand NUE program is not liable for misuse or breakage of the products;
  6. Acknowledge that permanent weight loss requires continued discipline with diet and exercise and cannot be guaranteed;

I agree and understand that my program is 2 months in duration. During this duration, I will receive Elite membership access to the Brand NUE mobile app. During this duration, I may schedule coaching sessions for accountability and education if purchased, however, these are not required. These sessions can occur virtually or via a phone call. Failure to cancel a scheduled appointment within 24 hours’ notice will result in the appointment being forfeited. Following my program end date, I may elect to continue to use products, mobile app membership or schedule virtual coaching at an additional cost.

I understand that this program is not intended to treat my particular medical conditions, the program does not offer medical advice, care, recommendations, or treatment, and further that the program’s staff and employees are not providing medical care. If you are currently being treated for a medical condition, please continue to coordinate care with your physician. I understand it is my responsibility to direct any medical questions to my doctor before starting the program and I represent, as a condition to the start or continuation of this program that I have or will continue seeking medical advice from my doctor during the program’s duration. If I am unwilling or unable to continue seeking medical advice from my doctor during the program’s duration, I promise to notify the program staff immediately. If I am working with a physician to control diabetes, I represent that I have informed him or her about the program, prior to the start of the program, as some clients quickly need less medication to control blood sugars as they begin a healthy diet. I further understand and acknowledge, for the reasons set forth above, that participation in this program shall not be considered consent or an agreement on the part of Matthew Nuesse D.C. C.M.E., or any of the other program’s employees or staff, to provide me with medical advice, care, recommendations, or treatment.

I agree and understand that there are a limited number of clients accepted into this program and my supervising team will review my progress and willingness to successfully complete the program. If at any time it is determined I am neither willing nor desire to continue the program, I will voluntarily relinquish my spot in the program. After starting the program, I understand I am responsible for my success and understand that with the purchase of this program, I am committing to it in entirety.

I understand and agree that purchase of Nuesse Health Services products and materials constitutes a binding agreement for my participation in the Brand NUE Weight Loss program and the foregoing terms and conditions shall not be modified unless expressly done so in writing signed by me and an authorized Brand NUE Weight Loss representative.

  1. Contact Information.Contact Nuesse Health Services at [email protected] for all questions and concerns.

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