Policies + Terms of Use

Effective date: March 21, 2023

Terms of Use

PLEASE READ THIS LEGAL DOCUMENT CAREFULLY.

Megan Schmidt Coaching (together with our affiliates, “our” “we”, or “us”) provides an online health + wellness and mindset community, classes, and related products, services, content and features (collectively, our “Service(s)”) through our platforms, such as our website, and live events through mobile, desktop, or device applications (including without limitation, iOS and Android applications (“App(s)”)) and our-controlled social media pages (including without limitation, on Facebook, Instagram, Spotify and iTunes (collectively our “Platforms(s)”).

THESE TERMS OF USE CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. READ CAREFULLY, INCLUDING YOUR RIGHT, IF APPLICABLE, TO OPT OUT OF ARBITRATION. EXCEPT FOR CERTAIN TYPES OF DISPUTES BELOW, OR WHERE PROHIBITED BY LAW, BY ENTERING INTO THESE TERMS YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

By using our Services and/or accessing our Platform, you agree to be legally bound and to abide by these Terms of Use (these “Terms”), and our other documented policies and terms, just as if you had signed this agreement. If you do not comply with these Terms at any time, we reserve the right, if applicable, to terminate your password, Member account, and/or access to our Platforms and/or Services (or any part thereof). For any reason, or no reason, in our sole discretion and without prior notice or liability, we may discontinue, modify, or alter any aspect of our Platform and/or Services, including without limitation, restricting, or terminating any user’s right to use the Services, or taking away existing content and/or offerings. You agree that any termination or cancellation of your access to, or use of, the Services may be affected without prior notice. If you do not abide by the provisions of these Terms, you agree that we may immediately deactivate or delete your Member account and all related information and files in your Member account and/or bar any further access to such information and/or files, or our Services. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of our Services. If you do not wish to be bound by these Terms, you may not access or use our Service.

By using our service after we make any changes, you agree to accept those changes.

This site offers mindset, health, fitness and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site. The use of any information provided including workouts on this site are solely at your own risk. By using this Website, meganschmidt.com, you agree to the Terms and Conditions of Use (“Terms &Conditions”). We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms & Conditions at anytime. You should check these Terms & Conditions periodically for changes.

By using this Website after we post any changes to these Terms & Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms & Conditions, you should not use this Website.

IF YOU DO NOT AGREE TO THE FOLLOWING TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE.

General Disclaimer

Our Platform offers mindset, health, fitness and nutritional information and is designed for instructional purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read or seen on our Platform. The use of any information provided including without limitation, workouts on our Platform are solely at your own risk.

You should consult your physician or other healthcare professional before starting this or any other fitness, breathing or nutrition program to determine if it is right for your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start any of our programs if your physician or healthcare provider advises against it. If you experience faintness, dizziness, pain, or shortness of breath at any time while exercising or engaging in breathwork you should stop immediately. Not all programs are suitable for everyone. You should always consult your physician or health care specialist before performing any of the practices, exercises or breathwork in our programs or changing your nutrition regime, especially if you have any chronic or recurring physical conditions, and/or if you are pregnant, nursing, or elderly. The instruction presented in our classes or content is in no way intended as a substitute for medical advice or counseling.

You affirm that either (A) all of the following statements are true:

no physician or general practitioner has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician or general practitioner
you have never felt chest pain when engaging in physical activity;
you have not experienced chest pain when not engaged in physical activity at any time within the past month;
you have never lost your balance because of dizziness and you have never lost consciousness;
you do not have a bone or joint problem that could be made worse by a change in your physical activity;
your physician or general practitioner is not currently prescribing drugs for your blood pressure or heart condition;
you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and you do not know of any other reason you should not exercise; or

(B) your physician or general practitioner has been specifically consulted by you and approved of your use of the Service.

If applicable, you further affirm that:

you are not pregnant, breastfeeding or lactating; unless
your physician or general practitioner has been specifically consulted and approved your use of the Service.

We reserve the right to refuse or cancel your Membership (as defined in the Membership Terms) if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.

Meditation + Hypnosis Disclaimer

Warning: Meditation and hypnosis audios that include breathing techniques may cause, among other symptoms, dizziness, fainting, tingling, nausea, trembling, and emotional release. If you experience any symptoms stop the breathwork exercise immediately.

Active breathwork may not be recommended for certain individuals, including without limitation, anyone with the following conditions:

Pregnancy
Cardiovascular disease including, angina, previous heart attack, or stroke
High Blood Pressure
Detached Retina or Glaucoma
Uncontrolled thyroid conditions and diabetes
Respiratory Issues / Asthma3
Epilepsy / Seizures
Anxiety
Diagnosis of bipolar disorder, schizophrenia, or previous psychiatric condition

Always consult your healthcare provider before engaging in an active breathwork practice if you are unsure if it is a suitable practice for you, or if you experience any symptoms.

LICENSE TO USE THE SERVICE

Subject to your compliance with these Terms and solely for so long as you are permitted by us to access and use the Service, we grant you a limited, non-transferable, non-exclusive, revocable right and license to access and use the Service for your own personal, non-commercial purposes, a right which may not be assigned or sublicensed to anyone. This license includes the right to view Content (defined below) available on the Service and the right to download one copy of the App to any single device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. This license will remain in effect unless and until you violate these Terms or this license is terminated by you or us.

Except as expressly permitted in writing by an authorized representative of us, you will not reproduce, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble the Services and/or Platform, nor will you take any measures to interfere with or damage the Service and/or Platform. Unless otherwise specified, copying, or modifying any Content or using Content for any purpose other than your personal, non-commercial use of the Service, including without limitation, use of any such Content on any other website or networked computer environment, is strictly prohibited. All rights not expressly granted by us in these Terms are reserved.

ACCOUNT SECURITY

You are responsible for all activity that occurs under your account, including, but not limited to, any activity by unauthorized users. You may not allow others to use your account; this includes, but is not limited to, furnishing your username and password to third-party developed applications to connect to your account for any reason. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the Service. If you become aware of unauthorized access to your account, change your password and notify our support team immediately.

The Align Membership is NOT a subscription membership. This is a 12 month membership commitment with no refunds, exchanges, or early cancellations permitted.

If we are unable to process your monthly investment, your account may temporarily be suspended; your account will not be deleted, and no information will be lost or removed. Your account will remain suspended until a valid payment method is used.

INTELLECTUAL PROPERTY

We respect the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that their Member Content does not infringe any third party’s right or other intellectual property rights. If you believe that the Service or any Content contains elements that infringe or misappropriate your copyrights or other intellectual property rights (or the intellectual property rights of others), please report it to us.

The trademarks and logos appearing on our Platforms and/or as part of the Services are, unless otherwise noted, trademarks owned by or licensed to us. Your use of these trademarks is prohibited. You are responsible for ensuring that your content does not infringe any third party’s copyrights, trademarks, or other intellectual property rights.

As between you and us, we own the Service, the Platforms, Trademarks (as defined below), copyrights, patents, and any other audio-visual or static content, photographs, audio, images, illustrations, graphics, software, features, code, data, materials and information displayed on or otherwise made available through the our Platform and Services, other than content that has been licensed to us by third parties. The Service is only for your personal, non-commercial use.

Our name, logos and affiliated properties, designs, trademarks, service marks, trade names and trade dress (collectively, “Trademarks”) are the exclusive property of us and/or its affiliates, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Nothing contained on the Service or in these Terms should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our Trademarks or other intellectual property without our express prior written consent. All rights not expressly granted in these Terms are reserved.

Use of Site Material. The contents of the Platform and Services, such as text, graphics, images, multimedia, and other content (the “Platform Material”), are protected by copyright under both Canadian and foreign laws. Unauthorized use of the Platform Material violates copyright, trademark, and other laws. You agree to not remove or alter in any manner any copyright, trademark and other proprietary notices contained in the original Website Material on any copy of such material. Except as expressly provided herein, you may not sell or modify the Platform Material or reproduce, display, distribute, or otherwise use the Platform Material in any way for any public or commercial purpose, or reverse-engineer, disassemble, or derive the source code for any Platform Material.

General Prohibitions and Our Enforcement Rights.

You agree to not do any of the following:

1. Post, upload, publish, submit, or transmit any Member Content or engage in any activity that:

infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
violates or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability;
is fraudulent, false, misleading, or deceptive;
is defamatory, obscene, pornographic, vulgar, or offensive;
promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
is violent or threatening or promotes violence or actions that are threatening to any person, animal, or entity;
exploits minors or
promotes illegal or harmful activities or substances;

2. Download and/or install any third party software and/or application on any of our hardware (excluding assistive technologies that are necessary for your own use of the Service, such as screen-readers) that is not expressly permitted by us in writing;

3. Use, display, mirror or frame the Service or any individual element within the Service, our name, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;

4. Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;

5. Attempt to probe, scan or test the vulnerability of any of our system or network or breach any security or authentication measures;

6. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Service or Content;

7. Bypass any territorial restrictions, including IP address-based restrictions that may be applied to the Service;

8. Attempt to access, scrape or search the Service or Content or download Content from the Service, including through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, plugins, add-ons or the like), other than the software and/or search agents provided by us or other generally available third-party web browsers;

9. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;

10. Use any meta tags or other hidden text or metadata utilizing any of our trademarks, logos URLs, or product name without our express written consent;

11. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service or Content to send altered, deceptive, or false source-identifying information;

12. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service or Content;

13. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service;

14. Collect or store any personally identifiable information from the Service from other users of the Service without their express permission;

15. Copy, use, index, disclose or distribute any information or data obtained from the Service, whether directly or through third parties (such as search engines), without our express written consent;

16. Alter, replicate, store, distribute, or create derivatives from the Content available via the Service except as expressly permitted in writing by us;

17. Impersonate or misrepresent your affiliation with any person or entity including, but not limited to, using someone else’s name, likeness, image or public profile information as part of your Member profile;

18. Access, use, or exploit the Service in any manner (other than as expressly permitted by these Terms), including to build, develop (or commission the development of), replicate, or consult upon any product or service that may compete (directly or indirectly) with us or the Service;

19. Violate any applicable law or regulation; or

20. Encourage or enable any other individual to do any of the foregoing.

Contact Us

If you have any questions, concerns or complaints about the terms of use or policies, please contact us: