1. Definitions
“Certification(s)” means an Online Fitness and Nutrition Coach (“OFNC”) Certification offered by DLDNation.
“OFNC Certificant” means an individual who has successfully met the requirements for Certification as set forth in this Agreement.
“Confidential Information” means any DLDNation proprietary or any DLDNation confidential information received by me in connection with this Agreement and if such information is marked as confidential or should be reasonably understood to be confidential or proprietary, proprietary or the like or, in the case of confidential information disclosed orally, identified as confidential, proprietary or the like at the time of oral disclosure. Such confidential information includes, without limitation, any information related to the following: (i) any questions, answers, worksheets, videos, computations, drafts, workings, drawings, diagrams, workbooks, and the questions and/or number of questions contained in the Program; ii) all information contained in the OFNC Program, (iii) any information as to the contents of a Program assessment prior to DLDNation’s announcement of information; (iii) any communication (including, without limitation, any oral communication) regarding or related to the assessments; or (iv) information which I know or have reason to know is confidential, proprietary or trade secret information of DLDNation, as well as, any information posted on DLDNation.com (to the extent such information is not publicly accessible).
“Personal Data” means my personal information or any information which is susceptible to identifying me, in any event as defined by applicable law, including, without limitation, my full name, e-mail address, postal address, Certification(s), certification date(s), certification expiration date(s), photograph, signature, biometric data or other personally identifying data collected from me by DLDNation or its authorized agents.
“Program” or “OFNC Certification Program” means the OFNC Certification Program offered by DLDNation under this Agreement. The Program shall be administered by DLDNation through Thinkific and shall give me access to a private Facebook group. However, I acknowledge that DLDNation shall administer the Program and the other benefits listed herein at their own discretion and that DLDNation shall remove my benefits or my membership to the Facebook group at any time for any reason.

2. Requirements as a DLDNation OFNC Certificant
As a student of the Program and as an Online Fitness and Nutrition Coach Certificant I promise to:
a. Comply with all policies, requests, processes, procedures, and guidelines required of me by DLDNation;
b. Provide truthful information to DLDNation;
c. Commit to providing reasonable effort and participation toward completing the tasks, requirements, assessments, and objectives of the Program;
d. Promote DLDNation and its affiliates in a positive light;
e. Ensure that DLDNation has the most updated information relevant to my participation in the Program;
Violations of this Section 2 and/or any applicable DLDNation policy may result in legal action, candidate sanction, removal from DLDNation’s Program, and/or removal of my Certification.

3. Nature of the Relationship

Dala McDevitt, her contractors, affiliates, and representatives, are not medical doctors or practitioners or registered dietitians. I am not engaging in this relationship seeking medical advice, diagnostic, or treatment procedures. I understand that the advice and information provided by DLDNation and/or Dala McDevitt, her contractors, affiliates, and representatives through the Program does not prevent or cure any disease and does not guarantee any outcome for me or my clients. The services performed by DLDNation and/or Dala McDevitt, her contractors, affiliates, and representatives, are, at all times, restricted to consultation on the subject of coaching for lifestyle/physical fitness/nutritional matters and does not involve the direct or indirect diagnosing, prognosticating or the treatment of any disease, illness, or injury for me or my clients. If someone that I encounter during the Program holds themselves out to be credentialed in a particular license or specialty, that third party shall be completely responsible for any and all information that that person may provide through their own business venture and through their own licensing authority. As stated herein, while you may receive information from licensed individuals, the advice or guidance provided is only to be considered educational and/or informational, does not qualify as direct professional advice, and does not create any patient, client, or binding relationship that should rely on a professional license in any capacity.

I further acknowledge that, upon receipt of my Certification, I will not be recognized by any authority, including any state or federal authority, to provide any medical, dietary, or psychological advice or diagnose any medical condition. I acknowledge that I am obtaining this Certification for the purposes of learning from and receiving consultation and educational services from DLDNation and that no guarantees or warranties are made as to the utility of this Certification or to my increased performance in any way. I understand that the terms “Certificant”, “Certification”, and “OFNC” are intended to be metaphors that signify the educational experience you will receive from this Program. DLDNation makes no warranties as the Program. I agree that our Program is provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law DLDNation disclaims all warranties, express or implied.

I represent and warrant that I am participating in the Program to the best of my ability and that I am voluntarily attending any associated obligation solely on my own behalf and at my own sole discretion. This includes in-person, virtual, phone, text, and email meetings. It is my express intent that this Agreement bind the members of my family and spouse (if any), my estate, heirs, administrators, assigns, and personal representatives as well as all of my clients and their aforementioned affiliates, relatives, and decedents. I further agree that I will not use the Program in any way that causes or is likely to cause the other users of the Program or access to the Program to be interrupted, damaged, or impaired in any way.

I understand that this Agreement does not create an employee-employer relationship between me and DLDNation and that nothing contained herein shall be construed to create a partnership, joint venture, principal-agent or employer-employee relationship between me and DLDNation. I hereby warrant to DLDNation that I am engaged in an independent business enterprise and that I have complied with all requirements necessary to operate my business, if any, such as licensing tax, and other related business operation requirements. I shall be solely and entirely responsible for my and my business’ acts and omissions relative to the Program. I hereby understand that this Program does qualify for continuing education units at noted on https://dldnation.com/pages/ofnc.

 

4. Release of Liability and Indemnity

In consideration for DLDNation allowing me to participate in the Program, I agree that I will not sue DLDNation, Dala McDevitt, or her contractors, affiliates, and representatives and I release DLDNation, Dala McDevitt, and her 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 Program and/or employing the techniques and/or strategies learned from the Program. I understand that participation in the Program entails inherent risks. I have been given the chance to ask questions concerning this Agreement, and all such questions have been answered to my satisfaction.

I fully understand that any coaching I receive from DLDNation and/or Dala McDevitt is in no way to be construed as psychotherapy, psychological counseling, or any type of therapy. In the event I feel the need for professional counseling or therapy, it is my responsibility to seek a licensed professional. Additionally, this Certification does not entitle me to provide any psychotherapy, psychological counseling, or any type of therapy to any third party. Any advice for changes in diet, including the use of supplements and products, are to be pursued entirely at my and my client's own discretion and I understand that my client and I should consult a physician, registered dietician, and/or pharmacist prior to undergoing any dietary or food supplement changes. Furthermore, any information that I shall receive through the Program related to a special population medical condition, need, goal, or consideration shall be considered for informational and educational purposes only and should not be considered or be substituted for any medical advice by a licensed professional.

This Program is not to be perceived or relied upon in any way as business, financial or legal advice. I understand that the information provided through the Program is not intended to be a substitute for professional advice that can be provided by my own accountant, lawyer, or financial advisor. DLDNation is not giving me financial or legal advice in any way. I am hereby advised to consult with my own accountant, lawyer, or financial advisor for any and all questions and concerns I have regarding my own income and taxes pertaining to my specific financial and/or legal situation.

DLDNation tries to ensure that the availability and delivery of our Program is uninterrupted and error-free. However, DLDNation cannot guarantee that my access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, DLDNation will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, DLDNation will not be liable to you for damages or refunds, or for any other recourse, should our Program become unavailable or access to them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make the OFNC Certification Program inaccessible to me.

DLDNation may provide links and pointers to other programs, information, or data maintained by third parties which may take me outside of our Program. These links are provided for my convenience and the inclusion of any link in our Program to any other program does not imply DLDNation‘s endorsement, sponsorship, or approval of that program or its owner. DLDNation does not endorse and is not responsible for the views, opinions, facts, advice, statements, errors or omissions provided by external resources referenced in the Program, or their accuracy or reliability.

I agree to defend, indemnify, and hold DLDNation, Dala McDevitt, her officers, directors, agents, and employees, harmless against all costs, expenses, and losses (including reasonable attorney fees and costs) incurred through claims of third parties (including my clients) against DLDNation, Dala McDevitt, or her contractors, affiliates, and representatives based on any claim including, but not limited to, a breach by me of any representations or warranties made in this Agreement.

5. Libel and Defamation
I agree to not make any false and/or derogatory statements about DLDNation, the Program, the Certification, Dala McDevitt or any DLDNation affiliates. This restriction includes any negative and false statement made to anyone in person, on a social media platform, or through any written medium. Should I make a statement that implicates the reputation of DLDNation or its affiliates, the Program, Dala McDevitt, or the Certification, DLDNation 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.

 

6. Confidentiality and Intellectual Property Ownership

a. Confidentiality. DLDNation makes assessments, presentations, and modules available to me through Thinkific solely for the purpose of testing my knowledge of the subject matter for which I seek Certification. I am expressly prohibited from disclosing, publishing, reproducing, or transmitting any Confidential Information, in whole or in part, in any form or by any means, oral or written, electronic or mechanical, for any purpose to any person(s). If I disclose Confidential Information in violation of this Agreement or I otherwise undermine the integrity and security of the Program, DLDNation reserves the right to revoke my Certification and seek immediate legal action including, but not limited to, seeking an injunction or filing a civil complaint against me in the relevant court of law.

b. Intellectual Property Ownership. DLDNation retains all rights, title and interest in and to all Certifications, Programs, Confidential Information and content provided to me by DLDNation together with all copyrights, patent rights, trademark rights and other proprietary rights therein (collectively “DLDNation Proprietary Information”). If I view, purchase, or access the OFNC Certification Program, I will be considered a DLDNation Licensee. For the avoidance of doubt, I understand that I have been granted a revocable, non-transferable license for personal, non-commercial use only, limited to me only. I may not in any way at any time use, copy, adapt, imply or represent that the OFNC Certification Program is mine or has been created by me. By downloading, printing, or otherwise using the OFNC Certification Program for personal use, I in no way assume any ownership rights of the Program. This means I cannot post or share the Program content without prior approval from DLDNation.

All rights in DLDNation Proprietary Information are expressly reserved to DLDNation. DLDNation may pursue all available remedies to protect DLDNation 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. I understand that I cannot take the content contained in the Program and repurpose it for my own profit.

 

7. Privacy Policy
In order to deliver and administer the Program, and by using our websites and modules or by providing any Personal Data to DLDNation, I acknowledge and agree that DLDNation may transfer, store and process such Personal Data however they should so choose. I also hereby agree to follow and consent to all Thinkific terms and conditions that may be necessary for me to participate in the Program and receive my Certification. DLDNation may share my information in the
following ways: (a) to comply with applicable laws or any judicial or regulatory request (including, without limitation, to comply with any subpoenas or court orders), (b) to exercise our legal rights or defend against legal claims related to this Agreement, (c) to investigate, prevent, or take action regarding actual or suspected fraudulent or unlawful activities and/or brand protection matters (such as the use of DLDNation's trademark without a license), and/or (d) situations involving potential threats to the physical safety of any person. DLDNation (i) may, at its sole discretion or (ii) will, as required by applicable law, notify me as to what information has been provided to relevant third parties. If I make a purchase from DLDNation on or through the Program, all information obtained during my purchase or transaction and all of the information that I give as part of the transaction, such as my name, address, method of payment, credit card number, and billing information, may be collected by both DLDNation, the merchant, and the DLDNation payment processing company. I further agree that DLDNation shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant. Payment processing companies and merchants may have privacy and data collection practices that are different from DLDNation’s. DLDNation shall have no responsibility or liability for these independent policies of the payment processing companies and merchants.

8. Certification
a. Certification Requirements. To become a DLDNation Online Fitness and Nutrition Coach Certificant, I must meet the minimum requirements of the relevant Program, which includes, without limitation, watching every training video, completing each section assessment, and earning a passing score on the final assessments administered through Thinkific in accordance with DLDNation’s testing guidelines. If I meet these requirements, I will receive a certificate from DLDNation signifying my accomplishment. DLDNation makes no guarantee as to the longevity associated to the Certification. DLDNation may change the Program at any time without notice. Accordingly, it is my responsibility to review www.dldnation.com and https://dldnation.com/pages/ofnc as often as it is required to keep me up to date with the requirements of the Program. Such changes may include, without limitation, adding or deleting available Certifications and modifying Certification requirements, changes to recommended training courses, testing objectives, outlines and assessments. I hereby agree to meet (and to continue to meet) the Program requirements, as amended, as a condition of obtaining and maintaining my Certification. Furthermore, I acknowledge that DLDNation shall have the complete discretion to award me or not award me the Program Certification and that my payment for participation in the Program does not guarantee that I will acquire such Certification.

 

9. Payment Procedure

a. Payment Preauthorization: I hereby authorize Dala McDevitt and DLDNation, their contractors, affiliates, and representatives to save my account information and to make periodic charges of withdrawals (EFT Authorization) from the account or the debit/credit card that DLDNation has on file for the payment of any and all fees, costs, expenses and any conditions contained in this Agreement. I hereby acknowledge that DLDNation uses Wave/Shopify for their credit card processing and I hereby agree to be bound to and by all Wave/Shopify terms and conditions necessary for me to participate in the Program if I intend on paying by credit or debit card. This preauthorization shall remain in effect until a further mutual agreement between the parties.

DLDNation offers multiple payment plan options for the Program. I understand that my payment plan selection may not change after my execution of this Agreement. I duly acknowledge that DLDNation shall keep my account information on file and charge the necessary payments where and when necessary for the Program and prior to my execution of this Agreement.

I understand that my payment is due based on my selection of the payment plan above. DLDNation accepts most credit and debit cards. DLDNation does not take any insurance. I understand that there will be no refunds granted, under any circumstances. I hereby promise to timely make all of my payments regardless of the outcome associated with my utilization of the Program, and I hereby acknowledge that this personalized Program requires a significant time commitment on the part of my coach and does not guarantee any results. I acknowledge that DLDNation shall allow a three (3) day period to remedy a declined payment but, after that three (3) day period has elapsed, I acknowledge that my account will be suspended until my declined payment is remedied and my account is current on all outstanding amounts owed. If any payment obligation from me to DLDNation shall be declined twice during my participation in the Program, I hereby agree to provide DLDNation with an additional credit card or debit card to keep on file. I further acknowledge and understand that this Program is not a cancel-anytime model and that I do not have the right to pause or suspend my payment obligations for any reason at any time. I hereby acknowledge that, even if I finish the Program before the anticipated timeline as referenced herein, I shall not receive my Certification until ALL payment obligations are rendered from me to DLDNation.

I hereby acknowledge that I shall have lifetime access to the Program and that I may take any Program assessments as many times as necessary

 

10. Money Back Guarantee
If Client completes between thirty percent (30%) and fifty percent (50%) of the OFNC Certification Program and is dissatisfied with the OFNC Certification Program for any reason whatsoever, Client shall be eligible for a full refund of their OFNC Certification Program payment if they request a refund between thirty (30) and forty-four (44) days from the Effective Date of this Agreement. Client shall send their refund request to ofnc@dldnation.com within the aforementioned thirty (30) to forty-four (44) day request window. No other form of refund request shall be accepted. This guarantee shall only apply to first-time Company clients meaning that Client shall not have paid Company in any capacity prior to this first-time Program commitment as memorialized by this Agreement. Client must have completed between thirty percent (30%) and fifty percent (50%) of the OFNC Certification Program as tracked through Thinkific to be eligible for such a refund. If the Client completes less than thirty percent (30%) or more than fifty percent (50%) of the OFNC Certification Program, Client shall not be eligible for such a refund under any circumstances.

All completion percentages pursuant to this Section shall be determined and defined by Thinkific. No other effort by Client other than as tracked by Thinkific shall be considered pursuant to this Section.

All clients shall only be eligible for this money back guarantee once and only if they are a first-time client. Client must also send their written email request timely and to the proper address. Furthermore, Client must be fully compliant with all outstanding balances owed and shall only be eligible for the money back guarantee if no money is owed from Client to Company. Lastly, even if the client suffers an injury or has an unexpected health or life event that forces them to be unable to participate in the OFNC Certification Program or miss an opportunity to complete the OFNC Certification Program (or for any other reason whatsoever), Client shall not be eligible for the money back guarantee.

 

11. Noncompete and Nonsolicitation
For a period of two (2) years after the Effective Date of this Agreement, I agree that I will not create an online fitness training certification program or nutrition certification program. The term “online fitness training certification program” or “nutrition certification program” shall be defined as any business that provides a public or private opportunity to participate in a certification program that educates the participants on physical fitness and/or nutrition-based strategies for the purposes of improving physical and/or mental health. I understand and acknowledge that the scope of this noncompete shall be across the United States and in the physical fitness and nutrition training or coaching industry. Furthermore, by purchasing the OFNC specialization, I promise that I will not attempt to hire any employee or Independent Contractor of DLDNation; 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 DLDNation. I will not solicit nor accept any customer or prospective customer of DLDNation 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 DLDNation.

 

12. Correspondence
I understand that it is my own responsibility to complete the Program lessons, correspond with DLDNation where necessary, and respond to any necessary communication from DLDNation, if applicable, and that it is not DLDNation’s responsibility to remind me or keep track of my appointments and lessons scheduled through the Program.

Email: By purchasing the OFNC specialization, I hereby consent to receive Program emails from DLDNation and Dala McDevitt (appointment confirmations, answers to my questions, any other pertinent info/Program related information, etc.).

Calls: By purchasing the OFNC specialization, I hereby consent to receive Program phone messages from DLDNation and Dala McDevitt. This includes calls and/or text messages (appointment confirmations, answers to my questions, any other pertinent info/program related information, etc.).

13. Content
I consent to be interviewed, photographed, videotaped (the “Content”) during my participation in the Program and consent to the release, publication, exhibition, or reproduction of the Content to be used for public relations, news articles or telecasts, education, advertising, research, inclusion on websites, fundraising, or any other purpose by DLDNation, Dala McDevitt, and her affiliates. I hereby release DLDNation, Dala McDevitt, her affiliates and their respective officers and employees, and each and all persons involved from any liability connected with the taking, recording, or publication of said Content, including all interviews, photographs, slides, images, videotapes, or sound recordings. I waive all rights that I may have to any copyright ownership over said Content or to claims for payment or royalties in connection with any exhibition, televising, or other publication of these materials, regardless of the purpose or sponsoring of such exhibiting, broadcasting, or other publication irrespective of whether a fee for admission or film rental is charged. I also waive any right to inspect or approve any photo, video, or film taken by DLDNation, Dala McDevitt or the person or entity designated it by it. I release and discharge DLDNation, Dala McDevitt, and their affiliate(s) from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of the pictures, or in any processing toward the completion of the finished product. All negatives and positives, whether prints, video, film, or sound recording are the property of DLDNation and Dala McDevitt or the person or entity designated by it, solely and completely.

I agree, that when I submit or post any comment, photo, image, video or any other submission for use on or through our Program, I am granting DLDNation, and anyone authorized by DLDNation, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Program and its Content. This right includes granting DLDNation proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from me or compensation by DLDNation to me.

I also grant DLDNation, and anyone authorized by DLDNation, the right to identify me as the author of any of your comments, posts, photos, images, videos or other contributions by name or screen name. I acknowledge that DLDNation has the right but not the obligation to use any contributions from me and that DLDNation may elect to cease the use of any such contributions on our Program at any time for any reason. I hereby acknowledge that, as a part of the Program, DLDNation may host a Facebook group that I may participate in at DLDNation’s discretion. I hereby acknowledge that DLDNation shall own any information and data that I may post or share within the Program and the associated Facebook group and I hereby waive any objection to DLDNation’s decision to utilize such data in their sole discretion. Additionally, DLDNation shall offer me a lifetime membership to the Facebook group, however, DLDNation shall have the complete and sole discretion to remove me from the Facebook group for any reason whatsoever.

14. Limitation of Liability
To the maximum extent permitted by law, in no event will DLDNation be liable to me for any (i) lost or damaged data, lost revenue, lost income or lost profits, or (ii) special, indirect, consequential or incidental losses, or (iii) punitive damages, regardless of the theory of liability (including negligence), even if DLDNation has been advised of the possibility of such damages. The exclusions and limitations of this Section 14 will apply notwithstanding any failure of essential purpose of any limited remedy provided herein. Subject to the terms of this Section 14, DLDNation’s maximum liability under this agreement shall not exceed the Program fee paid by me to DLDNation.

 

15. Term and Termination
The Agreement commences on the Effective Date and shall remain in effect in perpetuity even after the Program is complete. I acknowledge that DLDNation and Dala McDevitt may, in their sole discretion, terminate this Agreement at any time and for any reason. This includes, but is not limited to, any breaches by me of any of the terms or conditions of this Agreement or if I fail to meet any Program requirements. All notices of termination must be made in accordance with the notice requirements set forth in the “Notice” section below. DLDNation will provide me with written notice of termination at my last known email and/or physical address. Termination notices sent by DLDNation are effective as of the date set forth in the notice. Upon the termination of this Agreement, I shall immediately cease to represent myself as a DLDNation Online Fitness and Nutrition Coach Certificant, if I have attained such Certification at that time, including the return and/or destruction of materials evidencing such Certification. I understand that I will not receive any refund at any time, even if this Agreement is terminated early.

 

16. Miscellaneous

a. Waiver and Modification. I waive the right to challenge the validity and enforceability of this Agreement on the grounds it was transmitted and entered into electronically. I agree that entering into this Agreement electronically is equivalent to signing the Agreement. Failure by either me and/or DLDNation to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. Any waiver, amendment or other modification of any provision of this Agreement will be effective only if in writing and signed by both me and DLDNation.

b. Severability. If a court of competent jurisdiction finds any provision of this Agreement to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to affect the intent of the provision, and the remainder of this Agreement will continue in full force and effect.

c. Survival. Sections 4 (Release of Liability and Indemnity), 5 (Libel and Defamation), 6 (Confidentiality and Intellectual Property Ownership), 7 (Privacy Policy), 14 (Limitation of Liability), 15 (Term and Termination), and 16 (Miscellaneous) shall survive termination of this Agreement.

d. Controlling Law and Jurisdiction. This Agreement and any action related thereto shall be governed, controlled, interpreted and defined by and under the laws of the State of Texas and the United States, without regard to its conflicts of laws provisions. Unless otherwise waived by DLDNation, at its sole discretion, the exclusive jurisdiction and venue of any action arising out of or relating to this Agreement shall be Heman Marion Sweatt Travis County Court House with respect to the additional terms referenced in this Section 16. Both DLDNation and I submit to the exclusive jurisdiction and venue of such courts for the purpose of any such action.

e. Entire Agreement. This Agreement constitutes the entire agreement between me and DLDNation with respect to the subject matter hereof, and supersedes all prior and contemporaneous understandings or agreements, written or oral, regarding such subject matter.

f. Notices. All notices sent or required to be sent shall be in writing or by e-mail to the other party at the address provided by the respective party in writing, via e-mail, or by either party as part of the Program.
g. Assignment. This Agreement and the rights and obligations thereunder with respect to me are personal to me and may not be assigned by any act of me or by operation of law without the prior written consent of DLDNation. DLDNation shall have the unfettered right to assign this Agreement to any party in its sole discretion.

h. Dispute Resolution. I agree to endeavor in good faith to resolve all disputes arising under or related to this Agreement by mediation. If DLDNation and I fail in our attempt to resolve a dispute by mediation, we will submit the dispute to arbitration according to the then prevailing rules and procedures of the American Arbitration Association. Texas law will govern the rights and obligations of the parties with respect to the matters in controversy. The arbitrator will allocate all costs and fees attributable to the arbitration between the parties equally. The arbitrator’s award will be final and binding and judgment may be entered in any court of competent jurisdiction.

 

17. Disclaimer
By purchasing the OFNC specialization, I acknowledge that any nutritional/lifestyle/supplement information given by DLDNation and Dala McDevitt, and her team, contractors, and representatives, through my participation in the Program, is for informational purposes only, and is not intended to be interpreted as the diagnosis, cure or treatment for any medical disease, illness, injury, or ailment. I also acknowledge that my physician is my primary health care provider and confirm that they are responsible for supervising all changes that I make to my health. I warrant that I will never disregard or advise my clients to disregard any medical advice or delay seeking such advice because of any information given by DLDNation, Dala McDevitt, or their affiliates.
In purchasing the OFNC specialization, I acknowledge that I have carefully read this document, I understand it, and agree to be bound by its terms. Furthermore, I have the right to enter into Agreement and am not restricted by commitments to third parties. I have had sufficient time and opportunity to consult with independent legal counsel regarding this Agreement, and if I have opted not to obtain legal advice prior to executing this Agreement, I will not, in any proceeding relating to the enforcement of rights or obligations under the Agreement, raise my failure to obtain legal advice as a defense or otherwise. I acknowledge that I am signing this Agreement voluntarily, without coercion or duress, and I am at least eighteen (18) years of age. If you have any questions about this Agreement or the Program, please contact us at dala@dldnation.com.