INTRODUCTION

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These Terms of Use (collectively, the "Terms") constitute a binding and enforceable legal contract between Mesomorpheus LLC (“Mesomorpheus”, “we”, or “us”) and unregistered visitors and registered users ("you"), so please read them carefully.

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Our Terms, together with such additional terms that specifically apply to some of the services and features as presented on Mesomorpheus' website (including www.mesomorpheus.com and any of its subdomains, the “Website”), all set forth the entire terms and conditions applicable to your use of our Website, related services and goods (collectively, the “Services”), and social media (collectively, the "Social Media", including but not limited to Facebook, Twitter, Instagram, Vimeo, YouTube, Google+, Pinterest, Tumblr, and LinkedIn).

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You may visit and/or use our Website, Services, or Social Media only if you fully agree to our Terms - and by using and/or registering to any of our Services, you signify and affirm your informed consent to our Terms as well as any other terms and conditions applicable to your use of our Services. If you do not read, fully understand, and agree to our Terms, you must immediately leave our Website and avoid or discontinue all use of our Services or Social Media.

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By using our Website, Services, or Social Media, you acknowledge that you have read and agree to our Privacy Policy available here:
https://www.mesomorpheus.com/privacy-policy

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If you have any questions or concerns about our Terms, please e-mail us at terms@mesomorpheus.com.

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WHO CAN USE OUR WEBSITE

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In order to use our Website and/or receive our Services, you need to be at least thirteen (13) years of age if you are an individual within the United States (US), sixteen (16) years of age if you are an individual within the European Union (EU), or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into our Terms as a binding agreement. You are not allowed to use our Website and/or receive our Services if doing so is prohibited in your country or under any applicable law or regulation applicable to you.

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KEY COMMERCIAL TERMS

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When buying an item, you agree that (i) you are responsible for reading the full item listing before making a commitment to buy it and that (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the checkout payment process.

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The prices we charge for using our Services are listed on our Website. We reserve the right to change our prices at any time and to correct pricing errors that may inadvertently occur. Additional information about pricing is available on our Services page.

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The fee for our Services and any other charges you may incur in connection with your use of our Services, such as taxes and possible transaction fees, will be charged immediately to your payment method.

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CANCELLATION, RESCHEDULING, REFUND, RETURN, AND EXCHANGE POLICY

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Unless otherwise noted, our Services must be cancelled at least three (3) business days in advance to receive a refund. In the unlikely event that we cancel a session with less than three (3) business days advance notice, you will receive a refund for that session (which may be prorated based on the per-session price for a package of sessions) plus two free sessions. Note both of the preceding sentences apply only to cancellations, not rescheduling requests, which are covered in the next paragraph.

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With at least one (1) business day advance notice, either you or we may request to reschedule a session once within one (1) business day of the original time at no extra cost. For example, you must contact us by end of business Wednesday to request to reschedule your Thursday morning session either to anytime later that day or to the following business day (if Friday is a holiday, the next business day should be Monday). Here are the caveats: (i) only one rescheduling request is permitted per session; (ii) the proposed new time must be during regular business hours (currently, Monday through Friday from 9am to 5pm Eastern Time); and (iii) the request will be granted only if both of us are available (i.e., if we are fully booked, we unfortunately will be unable to honor your request, and vice versa). We reserve the right to curtail or revoke rescheduling privileges for habitual reschedulers. You can rest assured we will rarely if ever request to reschedule.

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You may return an undamaged product with its included accessories and packaging along with the original receipt (or gift receipt) within thirty (30) days of the date you receive the product, and we will exchange it or offer a refund based upon the original payment method. In addition, please note the following: (i) products can be returned only in the country in which they were originally purchased; and (ii) the following products are not eligible for return: Custom Workout Program and Custom Nutrition Guide.

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RETENTION OF RIGHT TO CHANGE OFFERING

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We may, without prior notice, change our services, stop providing our Services or any features of our Services, or create limits for our Services. We may permanently or temporarily terminate or suspend access to our Services without notice and liability for any reason or for no reason.

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WARRANTY, EXPIRATION, COMPLETION, AND TERMINATION OF OUR SERVICES

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Unless otherwise noted, we make no warranties, expressed or implied, as to the currency, accuracy, completeness, reliability, or suitability of the information contained or referenced in any materials from our Website, Services, or Social Media.

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All packages of sessions must be used within one (1) year of the purchase date; after that time, any remaining sessions will be expired.

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Prices are subject to change at any time. We do not grandfather you in at any price. For example, upon completion of a package of sessions, you may purchase another package of sessions, which may or may not be the same price as your previous package(s).

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We reserve the right to terminate our Services with anyone for any reason or no reason at any time with or without notice. Should this happen to you, we will issue you a prorated refund for any unused sessions remaining in your package. At our sole discretion, if you request termination of our Services before completion of your package, we will also consider issuing a prorated refund on a case by case basis.

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When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, you will be entitled to a full refund upon the prompt return of the product to us. You will be responsible for return shipment of the product to us, and we will pay for shipment of repaired or replaced products to you.

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DISCOUNTS

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Expired discounts are not accepted.

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Proof is required for student, military, and healthcare professional discounts.

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Coupon codes may be used only once. Some coupon codes are only for specific clients. We reserve the right to decline a coupon code for any reason and not issue a discount even after a contract has been signed. If this happens to you, a new contract will have to be signed without the declined coupon code.

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MONTHLY PAYMENT OPTIONS

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Monthly payment is available at no extra cost for a package of 32 or 64 sessions, with a commitment of at least two (2) sessions per week.

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DISCLAIMER

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Before enrolling in any of our Services, you are advised to consult a licensed doctor and/or other qualified healthcare professional such as a licensed physical therapist for corrective exercise, a licensed sports psychologist for sports performance, or a licensed dietitian for nutrition. While we will do our best to pre-screen you and re-screen you periodically for any contraindications to our Services, you agree to take full responsibility for your health at all times. Prior to rendering any of our Services, we require you to sign both a waiver and an assumption of risk form as well as complete a medical history document; nutrition guidance also requires a minimum of a weeklong food log before any guidance will be given. You must alert us as soon as you become aware of any changes in your health; furthermore, you must let us know as soon as you make any significant changes in physical activity level or diet, as that may change our exercise or nutrition recommendations.

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OWNERSHIP OF INTELLECTUAL PROPERTY, COPYRIGHTS, AND LOGOS

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Our Website, Services, and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Mesomorpheus LLC.

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The Mesomorpheus name and logo are registered trademarks with the United States Patent and Trademark Office (USPTO) and the Colorado Secretary of State.

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Except as explicitly provided herein, nothing in our Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

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RIGHT TO SUSPEND OR CANCEL USER ACCOUNT

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We may permanently or temporarily terminate or suspend your access to the service with or without notice and liability for any or no reason, including if in our sole determination you violate any provision of our Terms or any applicable law or regulations.

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INDEMNIFICATION​

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You agree to indemnify and hold us harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees) made against you by any third party due to or arising out of or in connection with your use of our Website, Services, or Social Media.

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LIMITATION OF LIABILITY

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To the maximum extent permitted by applicable law, in no event shall we, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, our Website, Services, or Social Media.

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To the maximum extent permitted by applicable law, we assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

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RIGHT TO CHANGE AND MODIFY TERMS

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We reserves the right to modify these terms from time to time at our sole discretion. Therefore, you should review this page periodically. When we change our Terms in a material manner, we will notify you. Your continued use of our Website, Services, or Social Media after any such change constitutes your acceptance of our new Terms. If you do not agree to any of these terms or any future version of our Terms, do not use or access (or continue to access) our Website, Services, or Social Media.

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PROMOTIONAL E-MAILS AND CONTENT

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You agree to receive from periodic promotional messages and materials from us by mail, e-mail, or any other contact form you may provide us with (including your phone number for calls or text messages). If you ever wish not to receive such promotional materials or notices, please use the applicable unsubscribe link, e-mail us at terms@mesomorpheus.com, or mail us at this address:

Attn: Unsubscribe, Mesomorpheus LLC, PO Box 380468, Cambridge, MA 02238-0468

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PREFERENCE OF LAW AND DISPUTE RESOLUTION

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Our Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to our Services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Boulder, Colorado, and/or Cambridge, Massachusetts, without respect to their conflicts of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Boulder, Colorado, and/or Cambridge, Massachusetts. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

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WEBSITE COMMUNITY PROVISIONS

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We offer you the ability to create a public profile to interact with us and other visitors/users of our Website in a more meaningful way.

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All users that join our Website community have a public profile that is publicly visible to other visitors/users of our Website. Your public activity such as posts, comments, and reviews will be visible to other visitors/users of our Website.

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You can always opt-out and exit our Website community. Upon doing so, your profile will no longer be publicly visible. Naturally, in such an event, you will no longer be able to use our Website community features (e.g., liking, commenting, or writing posts).

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CUSTOMER SUPPORT DETAILS AND CONTACT INFORMATION

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Feel free to take advantage of our chat box and/or contact us form in the lower-right of our Website; and we are available by phone during normal business hours at 617.528.0833.

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You may contact us at any time for support regarding our Terms via e-mail terms@mesomorpheus.com or by mail at this address:

Attn: Terms, Mesomorpheus LLC, PO Box 380468, Cambridge, MA 02238-0468