ACN's General Terms and Conditions
Welcome to our Amanda Chinkan Nutrition! If you decide to join our program, you are agreeing to comply
with, and be bound by, the following terms and conditions of use. If you disagree with any part of this
agreement, please do not start our program.
1a. Terms and Conditions. These terms and conditions are expressly made a part of this Agreement and
are incorporated therein. All references to “the Agreement” shall include these terms and conditions.
Terms defined in the Agreement shall have the same meanings herein. In case of any express conflict
between the terms of the Agreement and the terms hereof, the Agreement shall control.
1b. Integration Provision or Entire Agreement. This agreement sets forth and constitutes the entire
agreement and understanding of the parties with respect to the subject matter hereof. This agreement
supersedes any and all prior agreements, negotiations, correspondence, undertakings, promises,
covenants, arrangements, communications, representations, and warranties, whether oral or written, of
any party to this agreement.
2. Amanda Chinkan Nutrition (ACN) 20 Lb. Weight Loss Guarantee. The program is time tested, and
Customers that gain the greatest benefit are the ones that follow the program with little to no deviation.
ACN guarantees that each Customer will lose at least 20 pounds of weight by the end of the program. If
Customer does not lose at least 20 pounds, then, at the discretion of ACN, the Customer’s plan will either
be extended for up to 20 days to reach a minimum of 20 pounds of weight loss. We guarantee that if you
cannot lose 20 lbs in 42 days, we will continue to coach you until you do. Except as expressly stated in this
agreement, the seller expressly disclaims and negates any implied or express warranty of merchantability,
any implied or express warranty of fitness for a particular purpose, and any implied or express warranty
of conformity to models or samples of materials.
3. Disclaimer. ACN does not/did not provide medical advice of any kind or nature, nor any kind of medical
treatment or diagnosis. All medical or health related information contained in the “materials” is/was not
intended to be a substitute for Customer’s physician or for professional medical advice and is being/was
provided for general information purposes only. ACN does not make any representations concerning the
effectiveness of any treatment, course of action, test, product or service referenced in any “materials” other
than achieving the results under our written “20 lb. Weight Loss Guarantee”.
4. Disclaimer. NO PRODUCT OFFERED OR RECOMMENDED BY ACN IS INTENDED TO TREAT, CURE OR
PREVENT ANY DISEASE OR MEDICAL CONDITION AND ACN DOES NOT MAKE ANY CLAIMS TO THIS
EFFECT. ACN SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES TO CUSTOMER FOR ANY TYPE OF
DAMAGES CUSTOMER MAY INCUR, OF WHATEVER KIND OR NATURE, FROM ANY INFORMATION, ADVICE
OR INSTRUCTIONS CONTAINED IN THE MATERIALS OR FROM ANY SERVICES OR PRODUCTS THAT
CUSTOMER OBTAINS FROM ACN OR THROUGH ANY INFORMATION CONTAINED IN THE MATERIALS. If
Customer has any health conditions or concerns Customer should seek medical assistance.
5.Non-Disparagement. Customer agrees that he or she will not post any statements or comments through
any online mediums including, but not limited to; Internet forums; chat rooms; blogs; social media sites,
such as, Facebook, Twitter, SnapChat, the Better Business Bureau (BBB), Consumer Affairs, Chamber of
Commerce, Google, Yelp, Yahoo or any other online mediums, and in any manner whatsoever, that
disparages or defames, including but not limited to, slander, libel, defamation, defamation per se, trade
libel, product disparagement and/or criticizes or otherwise casts in a negative light on the ACN practice,
products and materials, including but not limited to:
a) the effectiveness, results or credibility of the ACN program or any services, materials, products or
information offered in connection therewith or
b) the business practices or any aspect of any services or materials received by Customer from ACN or
any ACN employee, manager, or officer or shareholder.
Nothing herein shall prevent any of the individuals involved from testifying truthfully in connection with
any litigation, arbitration or administrative proceeding when compelled by subpoena, regulation or court
order to do so.
6. Non-Disparagement. Customer acknowledges that actual damages will or are likely to arise from
disparaging ACNor its reputation in violation of this agreement, and these damages are difficult to estimate
on the date of this Agreement and would be difficult for ACN to prove. Based on what the parties presently
know about the nature of disparagement made through an online medium and based upon the difficulty of
estimating the total damages that will inevitably ensue from such wide-spread disparagement, the parties
agree that $63,000.00 (Liquidated Damages Amount) is a reasonable estimate of the damages that would
accrue if a breach occurred in the future. ALL PARTIES AGREE THAT THE LIQUIDATED DAMAGES
AMOUNT IS FAIR AND IS A REASONABLE ESTIMATE OF THE ACTUAL DAMAGES THAT THE COMPANY
WOULD SUFFER IF CUSTOMER BREACHES THIS SECTION. THE PARTIES INTEND THAT CUSTOMER’S
PAYMENT OF THE LIQUIDATED DAMAGES AMOUNT WOULD SERVE TO COMPENSATE ACN FOR ANY
BREACH BY CUSTOMER OF THIS SECTION, AND THE PARTIES DO NOT INTEND FOR IT TO SERVE AS
PUNISHMENT FOR ANY SUCH BREACH BY CUSTOMER. (THE LIQUIDATED DAMAGES AMOUNT HAS BEEN
CALCULATED BY MULTIPLYING THE CURRENT AVERAGE PER SIGN-UP COST OF THE PLAN ($3,150.00)
BY THE NUMBER OF ESTIMATED POTENTIAL CLIENTS (20) THAT WOULD LIKELY BE LOST FROM EACH
INSTANCE OF A BREACH BY CUSTOMER OF THIS SECTION). The parties agree and acknowledge that this
non-disparagement provision is a material term of this Agreement, the absence of which would have
resulted in the ACN refusing to enter into this Agreement.
7. Limitation of Liability. Customer agrees that ACN or any of its officers, directors, managers,
shareholders, members, employees, affiliates, agents, attorneys, its successors and/or assigns, shall not be
liable for any special, consequential, incidental or any other indirect damages arising out of or relating to
this agreement or your purchase and participation in the ACN program plan including, but not limited to;
any lost profits or revenues, lost data or lost goodwill or any other damages. Customer agrees that ACN’s
liability shall in all cases be limited to the total purchase price of the plan paid by ACN. ACN shall not be
liable to customer as stated herein regardless of the cause of any such damage or the nature of any claim,
whether for breach of contract, by statute, for any tortious conduct (including, without limitation,
negligence and strict liability) or by any other legal theory, whether or not we have been advised of the
same. Accordingly, customer agrees to waive customer’s rights under any laws that otherwise might limit
customer’s waiver of such claims.
8. Ownership & License of Materials. Customer agrees that the copyrights and all other ownership rights
pertaining to any logos, text, graphics, headers, banners, images, coding, tags, videos, audio recordings,
podcasts and similar recordings, applications, files or any other separate materials that are contained in
any materials ACN provided to Customer including, but not limited to, our “The Great Reset”, “TGR
Worksheets”, “Supplements”, “Tinctures” (collectively referred to as “Materials”) belongs exclusively to
ACN. Customer is/was granted a single perpetual, royalty---free, non---exclusive and revocable license to
view and access the Materials for Customer’s own personal use only. Customer agrees that Customer shall
not allow any third parties to view, use or otherwise benefit from the materials in any manner whatsoever,
and also agrees that customer will/did not procure, reproduce, share, sell or otherwise profit from
materials distributed by ACN
9. Services and Materials. The customer acknowledges that the term “services”includes, but is not limited
to:
a. the time and labor required to coach an individual throughout the ACN program, the novelty and
difficulty of the circumstances involved in each individual case, and the skill required and knowledge to
perform proper coaching;
b. the likelihood that the acceptance of the employment by ACN will preclude other employment from
other customers;
c. the fee customarily charged in the locality for similar services;
d. the time limitations imposed by the client or by the circumstances;
e. the nature and length of the professional relationship with the client;
f. the experience, reputation, and ability of ACN
The Customer acknowledges that the term “materials” includes, but is not limited to:
g. ACN’s “The Great Reset”,
h. ACN’s “TGR Worksheets”,
i. ACN’s “Supplements”, which include products produced by the companies “Standard Process, and
“Designs for Health”
10. Force Majeure. ACN may suspend the performance of its obligations hereunder in the event of any of
the following contingencies, if by reason of any such contingency, we are materially hampered in the
performance of its obligations under this Agreement or such performance becomes impossible or
commercially impracticable: act of God, fire, catastrophe, acts of government, its agencies or officers, any
order, regulation, or any other cause beyond ACN’s control.
11. Venue & Choice of Law. Any action or claim brought by either party relating to this Agreement shall
only be brought in the Dutchess County Small Claims Court in the State of New York.
12. Termination. This Agreement may not be terminated by either party unless mutually agreed to in
writing by all parties involved, including appropriate representatives from ACN, the Customer and, if any,
the financier.
13. ACN’s 30-DAY REFUND POLICY. We want you to be satisfied with your purchase but we also want you
to give your best effort to apply all of the strategies of the ACN Program. We offer a 30-day refund period
for purchases. HOWEVER, IN ORDER TO QUALIFY FOR A REFUND, YOU MUST SUBMIT PROOF THAT YOU
GAVE THE PROGRAM AN HONEST EFFORT, FOLLOWING ALL OF THE GUIDELINES AND CRITERIA
OUTLINED IN THE ACN’s THE GREAT RESET AND TGR WORKSHEETS, AND IT DID NOT WORK FOR YOU.
In the event that you decide your purchase was not the right decision, contact us within the first 30 days
from the date you purchased the ACN Program and let us know you’d like a refund. YOU MUST INCLUDE
YOUR COPY OF THE GREAT RESET WITH YOUR REQUEST FOR A REFUND. IF YOU REQUEST A REFUND
AND DO NOT INCLUDE YOUR COPY OF THE GREAT RESET, YOU WILL NOT BE GRANTED A REFUND.
The work that you need to submit with your request for a refund includes ALL of the following
items:
1. Proof that you completed a minimum of 21 days of ACN’s The Great Reset Program without deviation or
adjustments to the guidelines and criteria specified in the ACN’s TGR Worksheets.
2. Proof that full execution of the ACN Program did not yield results in line with our “20 pounds in 42 days”
guarantee. In order to prove this, the following must be true:
a. You attempted to communicate with your assigned Health Coach at least 5 out of 7 days a week,
explaining any complication, issue, obstacle, question, concern, or predicament that may have occurred.
b. You executed the ACN’s The Great Reset Program exactly as recommended by your assigned Health
Coach in the “TGR Daily Map” included in the ACN's THE GREAT RESET, and in full compliance of the
guidelines and criteria outlined in the ACN TGR Worksheets.
c. You attended your 3-week check-up in a timely manner, coordinating with your progress on the
Program.
d. You expressed to your Health Coach the concerns you were having about your progress before your
request for a refund is made, giving us at least 7 days to address your concern.
We will NOT provide refunds for purchases made more than 30 days following the date of purchase. After
day 30, all payments are non-refundable and you are responsible for full payment of the fees for the
program regardless if you complete the program. Please note: If you opted for a payment plan and you do
not request a refund within 30 days, you are required by law to complete the remaining payments of your
payment plan. All refunds are discretionary as determined by Amanda Chinkan Nutrition, LLC.
To further clarify, we will not provide refunds after the 30th day from your date of purchase and all
payments must be made on a timely basis. As an example, if you purchase on January 1, you must request
your refund before midnight EST on January 31st. If you request a refund past the 30th day, it will not be
granted. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 2.5%
per month or the highest rate allowed by law, whichever is greater.
The only exception to the terms outlined in our refund Policy is a refund of medical necessity: In this
situation, the following is required;
1. Proof from your medical provider that their professional opinion is that you immediately discontinue
the ACN weight loss Program due to complications from a pre-existing medical condition, or
2. In the rare instance of the onset of a medical condition occurring during the course of your ACN Program;
a letter from your medical provider is required, stating that it is their professional opinion that you do not
continue the ACN Program.
Refunds of medical necessity are subject to the 30 Day-Refund Policy. If you complete more that 50% of
the initial stage of the ACN Program (i.e., the first 21 days of the Program), commonly referred to as
“Discovery Phase”, a full refund will NOT be considered. In this instance, the customer agrees to a partial
refund, which will be outlined and agreed to by both the customer and the appropriate ACN Staff member.
The total amount refunded will be the sum of the total the customer paid for our Program, minus any/all
expenses incurred on the behalf of ACN in providing the services associated with the ACN Program,
including but not limited to costs associated with all printed material, supplementation, body composition
analysis, biofeedback scan, daily health coaching or appointments held in our office.
If we believe you have purchased the Program, duplicated the material and are now requesting a refund,
we will take action against you for infringement.
14. Reservation of Rights. All rights not expressly granted in this Agreement are retained by ACN,
including any electronic rights or usage, and including, but not limited to, all rights in sketches, drawings,
images or other works contained in any written materials.
15. Severability. If any one or more of the provisions in this Agreement shall be held to be invalid, illegal,
or unenforceable in any respect, such severability, invalidity, illegality, or unenforceability shall not affect
any other provision of this Agreement or any other document.
16. No Waiver. No waiver by a party of any provision of this Agreement shall operate as, or be deemed to
be, a continuing waiver of such provision or a waiver of any similar or dissimilar provision, unless such
waiver is contained in a written instrument signed by the party against whom enforcement is sought.
17. Counterparts. The Agreement may be executed in any number of counterparts and by facsimile or
portable digital format (.pdf), each of which will be deemed an original, but all of which together will
constitute one and the same instrument.
18. Acknowledgement. Customer understands and agrees to all terms, conditions, acknowledgement and
understandings defined within this agreement.

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