THIS SOBOSS FOOD FREEDOM ONLINE PROGRAM AGREEMENT (this "Agreement") is entered into and effective as of this date of purchase by and between purchaser ("Client", "you", or "your") and SOBOSS, LLC DBA Shevolve Wellness, a Colorado limited liability company ("we", "us", "our(s)" or "SB"), and sets forth the legally binding terms for your access to the SOBOSS Food Freedom Online Program (the "Program").
By purchasing access to the Program, you hereby acknowledge, understand, and agree to be bound by the following terms and conditions of this Agreement.
1. Services. The Program may include different components, such as videos, audio tracks, PDFs, live call recordings, access to private Circle membership portal, conquerbingeeating.com, and risewithmeco.com. You are granted a non-exclusive, non-transferrable, revocable license to access the Program for personal use only for 12 months from the date of purchase, in accordance with the terms and conditions of this Agreement. Without limitation of any of our rights or remedies at law, in equity or under this Agreement, and subject to the applicable facts and circumstances, we may terminate your license and right to use the Program, in whole or in part, without providing any refund or canceling your obligation to make installment payments where applicable, if we determine, in our sole discretion, that you have breached or violated any of the provisions of this Agreement.
2. Sign-in name: Password; Unique Identifier. During the registration process you will create an account which asks for, at minimum, a login name and password. You are to provide true, accurate, and current information. You will not share login information, call-in numbers, passwords, and protected links with anyone and you hereby acknowledge that sharing such information is a material breach of this Agreement. Providing this information gives SB permission to communicate with you to relay special offers, announcements, and information.
3. Payment. As consideration for purchase of the Program, you agree to pay the SB full purchase price, plus any applicable taxes and fees, through one of the following options: (a) a one-time payment, or (b) a two-installment monthly payment plan (collectively, the “Payment Plan”). By purchasing the Program, you authorize us to charge your credit card, debit card, or PayPal account according to the payment option you have selected.
You agree to provide complete, current, and accurate payment information and to update us promptly should any payment information change. If any payment fails, is declined, or is otherwise unable to be processed, your access to the Program—including course materials, community features, and any bonus content—will be immediately suspended. Access will be reinstated once the outstanding payment has been successfully processed. If you experience a payment issue, you may contact [email protected] within 5 business days for assistance.
A suspension of access due to failed or late payments does not pause, extend, or reset your overall Program access window. All clients receive 12 months of access beginning on the date of their initial purchase, regardless of any temporary access suspension.
You agree to pay all costs of collection, including, without limitation, attorney’s fees and costs, on any outstanding balance. We reserve the right to cancel your order and terminate your access to the Program for failure to pay required fees. Your use of the Program after termination may extend the term of this Agreement and may cause you to incur additional fees. You agree not to dispute or attempt to reverse any charges with your bank or credit card company. We are not responsible for any overdraft charges, over-limit fees, NSF fees, or any other costs or fees imposed by your bank or credit card company.
4. Refund Policy. Due to the fully digital nature of the program, all sales are final and SB does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.
5. Results Disclaimer. SB cannot and does not represent, warrant, guarantee or promise any results physically, mentally, emotionally, or otherwise arising from your use of and participation in the Program. Your level of success in attaining results is dependent upon a number of factors including, without limitation, your skill, knowledge, ability, dedication, and time you devote to the Program. Because these factors differ among clients, SB cannot and does not guarantee your success or results physically, mentally, emotionally or otherwise.
6. User Content. We may provide the opportunity for you to provide content or materials ("User Content") through your use of the Program including, without limitation, commenting in the Circle Communities membership portal and communicating with us directly or through other forums. You expressly acknowledge and agree that once you submit User Content it will be accessible by others, and that there is no confidentiality or privacy with respect to such User Content, including, without limitation, any personally identifying information that you may make available. YOU ARE ENTIRELY RESPONSIBLE FOR ALL USER CONTENT THAT YOU UPLOAD, POST, EMAIL OR OTHERWISE TRANSMIT VIA THE PROGRAM, AND YOU WILL INDEMNIFY US IN RESPECT OF ANY LOSS, LIABILITY, CLAIM, OR DAMAGE SUFFERED OR INCURRED BY US IN CONNECTION WITH YOUR USER CONTENT.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that is illegal (including, without limitation, another party's trade secrets); or (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights, rights of privacy or publicity rights. You agree that SB is only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that SB shall not be liable for any damages you allege to incur as a result of User Content.
You agree to repectfully interact in any communications with other clients in the program. SB does not allow or accept any form of advertising or promoting of other services or coaching within our private Circle membership portal or other applicable program forums.
By posting any User Content on the Program, you expressly grant to SB, and represent and warrant that you have all rights necessary to grant to SB, an irrevocable, perpetual, nonexclusive, royalty-free, sublicensable, transferable, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, syndicate, publicly display, and make derivative works of all such User Content and your name, voice, image and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Program and SB's business, including, without limitation, for promoting the Program and SB's services in multiple media formats and through any media channels. You also hereby grant each user of the Program a non-exclusive, royalty free license to access your User Content through the Program.
7. Audio and Video Release. Client agrees to allow the use of Client's voice, photo, and likeness captured in any programs relating to the Program via photograph, audio and/or video, using any technology known or unknown, to be used and distributed to all clients as part of SB normal course of business, which includes but is not limited to, recording coaching call and to be viewed by clients as replays. Client understands their right to opt out of any recordings by not attending or participating in coaching calls or any other recording hosted by SB. Client hereby waives any and all rights Client has or may have to inspect and/or approve any photographs, audio, or video of Client. Client agrees that all photographs and recordings subject to this Section 7 are the exclusive rights of SB, its affiliates, successors and assigns. SB owns all rights of any audio, video, and/or photographs relating to the Program captured during the performance of this Agreement.
8. Modification. SB may modify this Agreement from time to time and such modification shall be effective upon posting on the SB Website. After modifications are made, a new copy of the revised Agreement will be sent to you and will be binding upon you unless you affirmatively elect to terminate the Agreement.
9. Law; Jurisdiction. This Agreement shall be interpreted and governed according to the law of the State of Colorado and the laws of the United States of America without regard to or application of its conflict of law rules or principles. Each party agrees that the other party may institute any action against it in any state court of competent jurisdiction located in the County of Jefferson, State of Colorado, or in any Federal Court of competent jurisdiction located in the District of Colorado and irrevocably submits to jurisdiction of such courts and waives any objection it may have to either the jurisdiction of or venue in such courts. YOU AGREE THAT, UNLESS CONTRARY TO ANY APPLICABLE LAW, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PROGRAM OR THIS AGREEMENT MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
10. Force Majeure. If either party is prevented from performing any of its obligations under this Agreement due to any cause beyond the party's reasonable control, including, without limitation, an act of God, fire, flood, explosion, war strike, embargo, government regulation, civil or military authority, acts or omissions or carriers, transmitters, providers, vandals, or hackers (a "force majeure event") the time for that party's performance will be extended for the period of the delay or inability to perform due to such occurrence; provided, however, that you will not be excused from the payment or any sums of money owed by you to SB; and provided further, however, that if a party suffering a force majeure event is unable to cure that event within thirty (30) days, the other party may terminate this Agreement.
11. Disclaimers; Limitations of Liability. Client, being of lawful age, in consideration of being permitted to participate in the programs and services offered and provided by SoBoss, LLC DBA Shevolve Wellness, a Colorado limited liability company, through the Program hereby agrees to the following: (a) Client understands that participation and use of the Program is voluntary and may require physical exertion or result in stress that may lead to injury; (b) Client understands that it is Client's responsibility to consult with a physician prior to Client's use of the Program and that Client further represents and warrants that Client has, in fact, either consulted with a physician or have knowingly and voluntarily elected not to consult of physician prior to Client's use of the Program; (c) Client acknowledges that SoBoss, LLC DBA Shevolve Wellness is materially relying upon Client's representation and warranty set forth in Client's previous statement in permitting Client to participate in the Program; (d) Client knowingly and voluntarily agrees to assume full responsibility for any risks, injuries or damages, known or unknown, which Client might incur as a result of Client's use of the Program and acknowledges and reaffirms Client's informed consent to do so; (e) Client acknowledges that the Program and services provided by SB are under no circumstances substitutions for consultation with, diagnosis by, medical treatment or therapy prescribed or supervised by a licensed medical professional; (f) Client acknowledges that SB does not provide, and is not licensed to provide, any medical services or solve or treat any clinical problems; (g) Client acknowledges that the opinions, suggestions, advice, ideas, strategies and other information provided are intended to be suggestions and should only be considered or followed after Client consults with Client's physician or other health care provided; and (i) in further consideration of being permitted to use the Program, Client, on behalf of himself or herself and Client's heirs, successors and assigns, knowingly, voluntarily and expressly waives, releases and forever discharges SoBoss, LLC DBA Shevolve Wellness, its employees, officers, directors, members, managers, principals, agents and other persons acting on SoBoss's behalf from any and all manner of action, causes of action, suits, claims, damages, costs and expenses whatsoever, whether based on tort, contract, statutory or other theory of recovery, which Client now has or hereafter can, shall or may have that relate to or in any way arise from Client's use of the Program. Client agrees that this Section 11 is intended to be as broad and inclusive as permitted by the laws of the State of Colorado. If any provision of this Waiver is held or determined to be illegal, invalid or unenforceable under any present or future legal requirement: (w) such provision will be fully severable; (x) this Section 11 will be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement; (y) the remaining provisions of this Section 11 will remain in full force and effect and will not be affected by the illegal, invalid or unenforceable provision, SoBoss, LLC DBA Shevolve Wellness reserves the right to add as a part of this Section 11 a legal, valid, and enforceable provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible.
12. Intellectual Property. The Program contains materials such as videos, audios, PDFs, coursework, plans, modules, photographs, live trainings, graphics, images, and other materials provided by SB, (collectively, the "Content"). This Content is copyrighted and may not be reproduced in any form, or by any means, without the express written permission of SB, which may be withheld in SB's sole discretion. You may not reproduce, republish, display, perform, distribute, modify, transmit, reuse, re-post, or use the Content for public or commercial purposes without the express written permission of SB, which may be withheld in SB's sole discretion. The trademarks, logos, and services marks (collectively the "Trademarks") displayed within the Content are registered and unregistered Trademarks of SB and other third parties that have authorized the use of such third party Trademarks. Nothing contained in the Content or on the SB website(s) should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the materials, or any other Content on the website, except as provided in this Agreement, is strictly prohibited.
13. Digital Millennium Copyright Act. If you believe that any of the Program contains content that infringes on your copyright, please forward the following information by email to [email protected] or in writing to: GIBBSDYE, Attn: Registered Agent for SOBOSS LLC, 26 W. Dry Creek Cir., Ste. 340, Littleton, CO 80120. Such writing should include: (a) Your address, telephone number, and email address; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the alleged infringing material is located; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law; (e) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (f) 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 copyrights owner's behalf.
14. Indemnity. You agree to indemnify and hold harmless SB, its subsidiaries and affiliates, and their respective members, equity owners, managers, officers, directors, agents, attorneys, employees, successors and assigns employees (each an "SB Indemnified Party"; collectively, the "SB Indemnified Parties"), from and against any and all Damages asserted against, resulting from or to, imposed upon, or incurred or suffered by any SB Indemnified Party as a result of or arising from your violation of this Agreement, your use of the Program, any breach of your representations and warranties set forth above, and/or your User Content. For the purposes hereof, the term "Damages" shall mean all liabilities, losses, injuries, penalties, fines, forfeitures, assessments, claims, suits, proceedings, investigations, actions, demands, causes of action, judgments, awards, taxes, charges, costs, expenses and damages of any nature, including, without limitation, interest, penalties, reasonable attorneys', accountants', and other professionals', fees and expenses, court costs and all amounts paid in investigation, defense or settlement of any of the foregoing.
15. Miscellaneous.
(a) This Agreement represents the entire Agreement between you and SB related to the Program and prevails over any prior or contemporaneous, conflicting or additional communications, whether written or oral with respect to the subject matter. You may receive a copy of this Agreement or ask any questions by emailing [email protected].
(b) This Agreement shall be binding upon and shall inure to the benefit of the respective parties hereto, their respective successor-in-interest, licensees, sublicensees, legal representatives, heirs and assigns and does not confer or otherwise grant any rights or remedies on or to any other entity or person.
(c) No failure of either party to exercise or enforce any provision or any of its rights under this Agreement shall act as a waiver of that provision, of any provision in this Agreement or of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches.
(d) If any provision of this Agreement is held or determined to be illegal, invalid, or unenforceable under any present or future legal requirement, and if there shall be no material adverse effect with respect to the rights or obligations of any Party under this Agreement in connection therewith: (a) such provision will be fully severable; (b) this Agreement will be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement; (c) the remaining provisions of this Agreement will remain in full force and effect and will not be affected by the illegal, invalid or unenforceable provision or by its severance from this Agreement; and (d) in lieu of such illegal, invalid or unenforceable provision, there will be added automatically as a part of this Agreement a legal, valid and enforceable provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible.
(e) Your failure to use the Services after purchase does not void any part of this agreement.
(f) You may not, without the prior written consent of SB, assign this Agreement, in whole or in part, either voluntarily or by operation of law, and any attempt to do so shall be martial default of this Agreement and shall be void. SB's rights and obligations, in whole or in part, under this Agreement may be assigned or transferred by SB.
(g) Nothing contained in this Agreement shall be constructed to (i) give either party the power to direct and control the day-to-day activities of the other; (ii) deem the parties to be acting as partners, joint venturers, co-owners or otherwise as participants in a join undertaking; or (iii) allow either party to create or assume any obligation on behalf of the other party for any purpose whatsoever.
(h) Except as provided herein, the rights and remedies of SB are set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to it at law or in equity.
(i) SB is entitled to reimbursement of all fees and costs, including, without limitation, reasonable attorney's fees, incurred in enforcing this Agreement.
(j) All past due amounts shall accrue interest at a rate of eighteen percent (18%) per annum.
(k) This Agreement shall be construed and interpreted fairly, in accordance with the plain meaning of its terms, and there shall be no presumption or inference against the party drafting this Agreement in construing or interrupting the provisions hereof.
In witness whereof, the parties hereto have executed this SoBoss LLC Program Agreement effective as of the purchase date set forth.
Jessi is a leading expert in helping women break free from the cycles of binge and emotional eating. Having worked with over 2,000 individuals in her coaching practice, she’s developed a refreshingly effective, non-clinical framework that combines a rich understanding of the brain, nervous system regulation, and habit formation. As a certified coach through the Institute For The Psychology of Eating, she’s known for balancing compassion with a no nonsense style of teaching that supports lasting transformation for clients who feel like they’ve “tried everything.”
Disclaimer: Jessi is a certified coach, not a licensed therapist, dietician, medical or mental health professional. This is not a replacement for professional medical or psychological care. The services provided and her coaching framework are intended for educational and coaching purposes only and are not a substitute for professional medical advice, diagnosis, or treatment. If you are experiencing any medical or mental health concerns, please seek advice from a licensed healthcare provider.
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