Service Policy, Terms & Conditions

SABIA, LLC SERVICE POLICIES, TERMS AND CONDITIONS

Thank you for visiting SABIANUTRITION.COM and reviewing our service policies, terms, and conditions. Remember that SABIA NUTRITION helps raise wellness and health awareness through mind-body nutrition.

BINDING AGREEMENT

These are the Terms and Conditions governing the use of Sabia, LLC’s website. By requesting any of our meal plans or using the Sabia Meals website www.sabiameals.com, or www.sabianutrition.com, you agree to be legally bound by and comply with these Terms and Conditions, just as if you and SABIA NUTRITION had signed an agreement containing these Terms and Conditions. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. By using SABIA NUTRITION’s service, you commit to accepting such changes, regardless of whether you have reviewed them or not.

It is important that you carefully review the terms.

By visiting or using our site, you agree to be bound by the terms incorporated in this document. These Terms are important, so please read them carefully. If you do not agree, you cannot access or use our Site, order, receive, or use our products and services.

By using the services or purchasing products from our SABIANUTRITION.COM platform, you have read, understand, and agree to be bound by these terms and are of legal age to enter into a contract with the company.

SABIA NUTRITION IS A NUTRITION AND PREVENTION WELLNESS COMPANY

We are a service means company, not an ends company. Care depends on each person’s awareness and discipline. We are not a laboratory or a medical provider. All dietitian, wellness coach, medical, or laboratory services are provided by independent third parties. We comply with the requirements of the Health Insurance Portability and Accountability Act (HIPAA).

Although SABIA NUTRITION may facilitate access to certain health-related professional service providers, SABIA NUTRITION does not obligate you. Each person is free to choose any healthcare provider and continue using SABIA NUTRITION services.

SABIA NUTRITION promotes medical advice, laboratory services, and diagnostics through special programs to design feeding protocols. All implicit knowledge is public and found on the internet; what we do is group reliable information. Sabia nutrition services are not a substitute for medical care, medical advice, and/or a detailed conversation with your primary care physician or other licensed provider.

If you have any questions about laboratory results or other information you access through SABIA NUTRITION, we recommend that you discuss those questions with a primary care physician or other authorized provider. All material, information, data, and content provided by SABIA NUTRITION is strictly for general information purposes and a means to facilitate the design of your nutrition plans.

By providing your phone number, you agree to receive text messages from SABIA NUTRITION. Message and data rates may apply. Message frequency varies.

1. ORDERS

You must place your order 36 hours before delivery. Please note that if you purchase meals for the weekend, they will be delivered on Fridays.

Upon completing your purchase, you agree that this is a subscription plan. Accounts will be recurring until the customer stops them by email to info@mysabia.com or text message to (305) 562-1416.

Billing is done each week, before the following delivery week. No refunds or returns are accepted.

All cancellations must be made 2 days before the renewal period.

If cancellations need to be made after the renewal period, credits will be applied to your SABIA NUTRITION account only if the meals have not been made yet.

Changes may be made to your meal plans; however, they will not take effect until the next billing date.

Given the perishable nature of many of our ingredients, and market and product supply conditions beyond our control, we reserve the right to adjust the presence and/or quantity of any meal, suspend the use of any meal, or substitute any meal, all without prior notice. While we make every effort to ensure that you are provided with the best meals for our Product, these changes may occasionally be required. If such substitution is required, we will make all reasonable efforts to notify you before shipping.

2. PRICES

Price Adjustments. We reserve the right to adjust prices at our sole discretion, at any time and without prior notice. All prices displayed on the Site and/or in the Application are in US dollars. Applicable taxes and other fees or charges are not included and are in addition to the prices shown on the Site and/or in the Application.

3. PAYMENTS

You agree to pay for all orders placed from your Account in accordance with the prices and billing terms in effect at the time an order is placed from your Account. You also agree to pay all applicable taxes. To place an order from an Account, you must provide valid payment information (e.g., credit card, debit card, a SABIANUTRITION Gift Card, or discount voucher) through the Site or Application. By placing an order through your Account, you also agree and authorize (1) that the payment methods you provide will be immediately charged all fees and taxes applicable to your order, (2) SABIA NUTRITION will automatically charge alternative payment methods associated with your account if a primary payment method is declined or no longer available, and (3) no additional notice or consent is required for the above authorizations. You agree to immediately update your Account in the event of any change to your payment information. SABIA NUTRITION reserves the right to change its billing methods at any time. If a payment method cannot be verified, is not valid, or is not acceptable, your order may be suspended or canceled. If a payment is not successfully paid and you do not edit your payment method or cancel your purchase of a Product, you remain responsible for uncollected amounts and authorize us to continue billing the payment method, as it may be updated. SABIA NUTRITION reserves the right to charge any outstanding payment due and may transfer the collection of your outstanding balance to a third-party collection agency.

4. DELIVERY

SABIA NUTRITION programs or protocols are sold by the week or month with daily deliveries, two or three times a week according to the program.

Pausing your order. During any production week, you have the option to pause your deliveries. To do so, contact us by MSN, WhatsApp, or at (305) 562-1416.

Delivery Specifications. We use reliable third-party delivery companies to deliver your meals, which will generally deliver your meals before 1:00 P.M. local time. Your food is carefully packaged to stay fresh. However, to maintain the highest quality and integrity of meals after delivery, we recommend that you immediately refrigerate items when you receive them. Additionally, you should inspect your package to ensure that the contents arrive in good fresh and refrigerated condition. The best way to do this is to check meat and fish with a thermometer to ensure their internal temperatures are 41°F or less. If a fresh food product arrives above 41°F, you should contact our customer service and discard the item. If you are not home when a delivery arrives, our delivery person will leave the package at your door.

If your designated delivery location is inaccessible, preventing us from making the delivery, we will contact you to determine the best alternative location and/or the best date for delivery.

5. RETURN AND REFUND POLICY

In the event that you are not satisfied with any part of your order, you may contact Customer Experience at (305) 562-1416. Do so within three (3) days of the date you received the unsatisfactory item. If it is related to the condition of a meal, we, at our sole discretion, may grant you credit and, in some situations, issue a partial or full refund. However, we reserve the right to require the return of the unsatisfactory meal, or a photograph of it, before any partial or full refund or credit is issued. Any future release, update, or other addition to the Offerings will be subject to this Agreement.

For wellness reasons, SABIA NUTRITION will not accept bringing any food or container back to our kitchen in any way. All returned or unwanted food will automatically be disposed of in the trash.

6. CANCELLATION POLICY

In the event that you wish to suspend your entire program, send an email to Info@mysabia.com or you can contact Customer Experience at (305) 562-1416. Please note that you commit to finishing your service until the end of your current cycle and no refunds will be granted. In the event that cancellation requests are not received less than 2 business days before the end of your plan, you will be charged again for another cycle and commit to continuing service until the end of that cycle.

7. FOOD ALLERGIES

ALLERGEN INFORMATION

SABIA NUTRITION cannot accept clients with severe food allergies or life-threatening food hypersensitivities. By using our services, you accept our terms and conditions and understand that SABIA NUTRITION is not responsible for any food allergic reaction or food susceptible responses, whether mild or severe. We cannot promise or guarantee food effects due to allergy or other medical conditions because cross-contamination can occur.

We urge you to be careful when selecting SABIA NUTRITION. Please note that the eight major allergens, as determined by the US Food and Drug Administration, are wheat, egg, soy, milk, tree nuts, peanuts, fish, and shellfish. You understand, acknowledge, and agree that we store, portion, and package these products, and although precautions are taken to limit any cross-contamination, cross-contamination may occur between food products and, therefore, the respective meals, or the meal box, may contain some or all of the listed allergens. You are solely responsible for knowing any food allergies you may have and for verifying products and their contents before handling, preparing, using, or consuming such products. In the event that you have a moderate to severe food hypersensitivity, we are not responsible for any reaction.

SABIA NUTRITION does not represent or warrant that the nutrition, ingredients, allergens, and other product information on our site or application is accurate or complete, as this information is provided by the product manufacturers or suppliers and, occasionally, manufacturers may modify their products and update their labels. We recommend that you do not rely solely on the information presented on our site and that you check the product label or contact Customer Experience at (305) 562-1416 for more information, or we suggest that you contact the manufacturer directly if you have a specific dietary or allergy concern or question about a product.

Occasionally, SABIA NUTRITION will include products from our partners in our meal boxes or packages that may contain some or all of the 8 major allergens (in addition to other ingredients).

8. TERM AND TERMINATION

If you subscribe to the service, the terms will automatically renew for additional periods of the same duration as the initial period at the rate for such services. The Agreement begins on the date the purchase is made.

9. PROGRAMS AND PROTOCOLS

Definitions of programs and protocols. “Program” refers to SABIA NUTRITION’s Internet-based nutrition management and consulting program, which is delivered in one or more Plans. “Program Fee” means, as set forth in the Plan, or in any agreement with the client or other communication from SABIA NUTRITION to you, the charge to the Client for the Programs provided by SABIA NUTRITION. “Proprietary Information” refers to all non-public business or technical information, or materials that SABIA NUTRITION or any wellness professional linked directly or not to SABIA NUTRITION (“Wellness Professional”), including any documentation, any method of carrying out or delivering the Program, and any price or business terms related to the Program, including the price paid for the Plan and Program.

Access to Wellness Professionals.

As part of the Plan and Program, SABIA NUTRITION will provide you with individual or group access to Wellness Professionals, who will consult with you by video conference or by phone; or direct office visit schedule. You agree to work with your Wellness Professionals in good faith solely with respect to the Program, and will not seek consultations from your Wellness Professionals for any other purpose. If you need to reschedule an individual appointment with a Wellness Professional, you agree to do so at least 12 hours in advance, or the session will be marked as complete and cannot be used. Additionally, if you miss a scheduled individual appointment, the session will be marked as completed. You agree that sessions with Wellness Professionals are for your own personal benefit and not for the benefit of others and that you will not allow any observer to join you, except when necessary to facilitate your participation in the session. You agree not to record any such sessions in any way. You also understand and agree that SABIA NUTRITION may replace any Wellness Professional assigned to you at any time, without prior notice.

Eligibility.

We do not allow persons under eighteen (18) years of age to register for our Program. By using the program, you represent and warrant that you are at least eighteen (18) years of age and that you have the right, authority, and capacity to enter into this Agreement and comply with the terms and conditions found herein. Due to the physiological sensitivity that occurs with pregnancy and our inability to provide collaborative care with physicians, pregnant individuals will not be able to use our Program. Individuals who currently have or aim to have a BMI below 18.5 will also not be able to use our services. According to the Center for Disease Control (CDC), current medical standards indicate that a healthy BMI is between 18.5 and 24.9, with a BMI falling below 18.5 to be considered underweight. Weight loss for underweight individuals is not recommended and should be supervised by a medical professional.

Disclaimer about your health and medical services.

We do not provide professional medical services or advice. SABIA NUTRITION IS NOT A MEDICAL ORGANIZATION. THE SERVICES PROVIDED BY THE WEBSITE AND/OR MOBILE APPLICATION DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINIONS. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED. THE USE OF THE SERVICES IS NOT FOR MEDICAL EMERGENCIES. IF YOU BELIEVE YOU HAVE A MEDICAL EMERGENCY, CALL 911. YOU SHOULD NOT CONSIDER THE PROGRAM OR ANY INFORMATION OR DOCUMENTATION YOU RECEIVE FROM SABIA NUTRITION AS MEDICAL ADVICE OF ANY KIND, AND THE PROGRAM IS NOT INTENDED TO DIAGNOSE OR TREAT ANY DISEASE, AILMENT, OR ADVERSE MEDICAL CONDITION. SABIA NUTRITION is not a licensed healthcare provider and the Programs are not medically supervised. You are urged and advised to seek the advice of a physician before beginning to use any of our services, programs, or protocols, and to have periodic medical check-ups as recommended by your primary care physician. By using the Program, you represent that you are an adult healthy enough to begin a weight loss regimen that includes diet and exercise. The Program is not intended to be used by minors. If you are currently under the care of a healthcare professional or living with a chronic health condition, you represent that you have obtained express approval from a healthcare professional to receive the Programs before starting. Never ignore professional medical advice or delay in seeking it because of something you have been told by SABIA NUTRITION staff or any Wellness Professional. The Program does not provide medical services or provide medical advice. Nothing contained in the Program or in the Services should be construed as advice or diagnosis. The information provided by SABIA NUTRITION should not be interpreted as a substitute for physician consultation, evaluation, or treatment, and should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition. You are urged and advised to seek the advice of a physician or medical professional for any questions you may have regarding your health before beginning any weight loss effort regimen, physical activities, or any other plan that may be referenced, discussed, or offered under the Program. If you are receiving treatment for an illness, taking a prescription medication, or following a therapeutic diet to treat an illness, it is especially recommended that you consult with your physician before using any of SABIA NUTRITION’s services. Each time you use the Program, you represent to us that you are not using the Program for the purpose of seeking medical care. Additionally, you agree that, before using the Program, you will consult your physician, especially if you are at risk of problems resulting from exercise or changes in your diet. If any information you receive or obtain from using the Program is inconsistent with your physician’s medical advice, you should follow your physician’s advice.

Assumption of risks.

Not all exercises or activities recommended by SABIA NUTRITION or any of the Wellness Professionals, or that are made available on the website or in any document or information provided by SABIA NUTRITION, are suitable for everyone. You understand and agree that, by participating in any exercise or exercise program, there is the possibility of injury or death. As such, YOU AGREE TO USE YOUR OWN JUDGMENT AT ALL TIMES DURING YOUR USE OF THE PROGRAM TO DETERMINE WHETHER ANY RECOMMENDED EXERCISE OR ACTIVITY IS APPROPRIATE FOR YOU. If you feel any discomfort or pain during the use of the Program, you should immediately stop the exercise or activity that is causing you such discomfort or pain and dial 911 using your phone if you need emergency assistance. SABIA NUTRITION will not be responsible for any health problems or injuries you may experience as a result of receiving the Programs, including training programs, products, or events you learn about through the Program. YOU HEREBY AGREE THAT THE USE OF THE PROGRAM OR PROTOCOLS, INCLUDING THE USE OF ANY WELLNESS, NUTRITION, OR EXERCISE PROGRAMS RECOMMENDED BY SABIA NUTRITION OR ANY WELLNESS PROFESSIONAL, IS AT YOUR OWN RISK AND THAT YOU ARE VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES, EVEN IF ANY ASPECT OF THE WEBSITE OR DOCUMENTATION IS INACCURATE, INCOMPLETE, OR INAPPROPRIATE IN THE WAY IT WAS PRESENTED.

10. MODIFICATION

Please note that, at our sole discretion, SABIA NUTRITION reserves the right to change, amend, add, remove, or supplement this Agreement (including the Privacy Policy) without prior notice. SABIA NUTRITION also reserves the right to make changes to its website and these disclaimers, terms, and conditions at any time.

11. TECHNICAL INFORMATION

Nutrient values are estimates only. Variations may occur due to product availability and food preparation. Nutrition values may also vary depending on preparation methods, ingredient origin, freshness, and other factors.

12. LIMITATION OF ADVICE

This website does not replace the services of a healthcare professional or your primary or specialized physician. While we provide nutritional information for our recipes, all information on this site is for informational purposes only. No information, services, or materials offered on or through this site should be interpreted or understood as medical advice or care. No part of this site’s content should be used to diagnose or treat any health condition or disease. You should consult a doctor or healthcare provider before taking any product or using any information from this site. Discuss any concerns with your physician or a registered dietitian. The dietitians or wellness coaches suggested on our website are recommendations only, and it is your responsibility to decide whether or not to accept their services.

13. ACCOUNT REGISTRATION

Account Registration

To access specific features on the Website and the App, individuals must become Registered Users.

Registration Data

By creating an account with SABIA NUTRITION, you agree to:

1. Provide true, accurate, complete, and up-to-date information and update it as needed.

2. Maintain the security of your password and accept the risks associated with unauthorized access to your account.

3. Notify us immediately via MSN, WhatsApp, or at (305) 562-1416 if you believe there has been a security breach involving your account, the Website, or the App.

You are responsible for all activities that occur under your account. You may not share your account or password with anyone. If you provide false, inaccurate, outdated, or incomplete information, or if we suspect that any information you provided is incorrect, SABIA NUTRITION reserves the right to suspend or cancel your account and deny future access to the Website, App, or services.

You agree not to create an account using a false identity or information, or on behalf of another person. You also agree to have only one account per platform. SABIA NUTRITION reserves the right to remove or claim any username at any time for any reason. If you have been previously removed or banned from the Website or App, you agree not to create a new account or use our services.

You are solely responsible for all access and use of the services by any person using your account, whether or not you authorized such access, including all communications, transmissions, and obligations (including financial obligations) incurred through the use of your account.

14. COMMUNICATION

By providing your phone number through the Website, the App, or when placing an order, you consent to receive calls or text messages, including automated calls or pre-recorded messages, regarding your account, order updates, and delivery notifications. By opting in, you give express consent to receive recurring promotional or marketing calls and/or SMS text messages from us.

You can opt out of receiving text messages or calls at any time. To stop receiving texts, reply “STOP” to any message. For assistance, reply “HELP” or contact customer service.

We may use this information in accordance with our Privacy Policy to contact you. If you change or deactivate a phone number you previously provided, you must update your account to prevent messages from being inadvertently sent to others. After opting out, you may still receive messages for a short period while we process your request. It is your responsibility to keep your account information, including your phone number, up to date. We may monitor or record communications with SABIA NUTRITION for training and quality control purposes, with prior notice as required by law.

15. SERVICES

Subscription Service

Our subscription service is a weekly or monthly automatic and recurring subscription to SABIA NUTRITION products (“Subscription Service” or “Service”). We offer various subscription options to choose from. Depending on your selected plan, you will receive meals daily, two, or three times a week.

Auto-Renewal Feature

The subscription service includes an initial charge followed by recurring periodic charges as agreed upon by you. By signing up, you acknowledge that your subscription includes automatic billing and accept responsibility for all recurring charges until cancellation. SABIA NUTRITION may process periodic charges (weekly or monthly) without further authorization until you notify us in advance that you wish to cancel or update your payment method.

To cancel your subscription, log in to your SABIA NUTRITION account, email info@mysabia.com, or call (305) 562-1416. If your payment details change, your card provider may update your information automatically. We reserve the right to use updated details to prevent service interruptions.

You may cancel your subscription at any time, as long as you do so within the applicable notice period. No cancellation fees apply. You can resubscribe at any time, but we reserve the right to decline future service.

Your subscription will continue indefinitely until canceled. After your initial term, it will automatically renew at the standard non-promotional rate unless you deactivate it. If you cancel, you can continue using your subscription until the current term ends, but no refunds will be issued for unused time.

By subscribing, you authorize SABIA NUTRITION to charge your payment provider now and again at the start of each renewal period. If payment is not received, (a) you agree to pay outstanding amounts when requested, and (b) SABIA NUTRITION may suspend or terminate your subscription and continue charging your payment provider until payment is received. Upon payment, your account will be reactivated, and your new subscription term will begin from the payment date.

Plan Add-Ons

Additional features, new product add-ons, and modified delivery options may be available, potentially affecting the recurring cost of your plan. For questions about available options, email info@mysabia.com or call (305) 562-1416.

16. PROMOTIONS, GIFT CARDS & COUPONS

Gift Cards & Coupons

Promotions, gift cards, or coupons purchased through the Website or App require a valid SABIA NUTRITION account to redeem. All accounts are subject to these Terms. Gift cards and coupons can only be redeemed on the Website or App and cannot be exchanged for cash or credit.

Lost or stolen gift cards cannot be replaced. All gift card sales are final and non-refundable.

SABIA NUTRITION may offer discount promotions, free/discounted trials, or other types of coupons (“Coupons”). To use a Coupon, users must create an account and enter their information and coupon code. The discount applies until the expiration date, unless otherwise stated.

Coupons are generally only valid for new SABIA NUTRITION users unless specified otherwise.

17. FORCE MAJEURE We shall not be responsible for any failure or delay in fulfilling any of our obligations caused by events beyond our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-occurrence, omission, or accident beyond our reasonable control. Our performance under this Agreement shall be deemed suspended for the duration of the Force Majeure Event, and we shall be granted an extension of time for performance equal to that period. We will make all reasonable efforts to end the Force Majeure Event or to find a solution that allows us to fulfill our obligations under this Agreement despite the Force Majeure Event.

18. RECEIPT OF MATERIALS SABIA NUTRITION uses specific materials to refrigerate perishable items and relies on third-party delivery companies to deliver meals to customers. Please note that you are responsible for inspecting the package or meal box upon delivery and checking all Products contained within for any defects or other issues at the time of delivery. If you are not home or at your office when your meal box is delivered, it will be left at your doorstep or in a common area. Once you have inspected the meal box, we strongly recommend placing all perishable products in your refrigerator to ensure the integrity of all meals and contents. The risk of loss and/or damage transfers to you upon delivery. We strongly encourage you to review the USDA guidelines on safe food handling, available here. All items are at your own risk from the moment of delivery. As such, you are solely responsible for preparatory steps, storage, and heating of the Meals. We recommend using a thermometer to measure the temperature of any poultry, fish, or meat products that arrive in the insulated portion of the meal box. According to USDA guidelines (available here), these should be at (or below) 41 degrees Fahrenheit.

19. FOOD PREPARATION SABIA NUTRITION recommends following all heating instructions provided on the meal packaging or on our online menu, and ensuring that all seafood, meats, and poultry are cooked to USDA-recommended internal temperatures (165 degrees Fahrenheit for poultry; 160 degrees Fahrenheit for ground meats; 145 degrees Fahrenheit for whole meats; and 145 degrees Fahrenheit for seafood). SABIA NUTRITION recommends using a food thermometer to verify internal temperatures. For more information, please visit the USDA website (available here). Please note that each meal has a corresponding meal description available online. If you have any questions or concerns regarding your meal or heating instructions, please contact Customer Experience at (305) 562-1416.

20. WARRANTY SPECIFICATIONS We strive to display the products you receive, along with other materials and information on the website and application—including nutritional and pricing information—as accurately and reliably as possible. However, we do not guarantee the accuracy of such materials and information. In the event of an error, we reserve the right, at our sole discretion and subject to this agreement, to correct such errors and revise your order accordingly (including charging the correct price) or to cancel your order and issue a credit refund. Additionally, you acknowledge that the products and materials you receive in your order may differ from those displayed on the website due to various factors, including but not limited to system capabilities and limitations of your computer, manufacturing processes or supply chain issues, product availability and variability, different cooking methods or preparation techniques, and variations in kitchen equipment and appliances.

We reserve the right to modify all Content and to change, suspend, or discontinue access to the Site (or any feature or functionality of the Site) and the Products at any time without prior notice and without obligation or liability to you.

21. LIMITATION OF LIABILITY Disclaimers. You are solely responsible for and assume all risks related to the proper and safe preparation (including storage, mixing, and heating), use, and consumption of meal contents. Accordingly, all meal box contents are provided “as is” and “as available,” and to the fullest extent permitted by applicable law, all express and implied warranties are disclaimed. This specifically includes but is not limited to warranties of fitness for a particular purpose, merchantability, and non-infringement of intellectual property rights.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SABIA NUTRITION, ITS AFFILIATES (INCLUDING BUT NOT LIMITED TO ITS LICENSORS, SERVICE PROVIDERS, DIRECTORS, OFFICERS, AGENTS, PARTNERS, REPRESENTATIVES, AND EMPLOYEES) SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY/PUNITIVE DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES RELATED TO PERSONAL INJURY; PAIN AND SUFFERING; EMOTIONAL DISTRESS; BUSINESS INTERRUPTION; LOSS OF PROFITS, REVENUE, BUSINESS, OR ANTICIPATED SAVINGS, USE, GOODWILL, OR DATA; AND DAMAGES CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. FURTHERMORE, IN NO EVENT SHALL SABIA NUTRITION BE LIABLE FOR DISPUTES ARISING FROM OR RELATED IN ANY WAY TO ACCESS OR USE, OR INABILITY TO ACCESS OR USE, THE SITE, APPLICATION, OR CONTENT (INCLUDING BUT NOT LIMITED TO USER CONTENT, THIRD-PARTY CONTENT, LINKED THIRD-PARTY SITE CONTENT), OR THE ORDER, RECEIPT, OR USE OF ANY PRODUCT, OR OTHERWISE RELATED TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM SABIA NUTRITION, OR EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS SITE INTERRUPTIONS, FILE OR EMAIL DELETIONS, ERRORS OR OMISSIONS, DEFECTS, VIRUSES, TROJANS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY PERFORMANCE FAILURE). UNDER NO CIRCUMSTANCES SHALL SABIA NUTRITION BE LIABLE TO YOU FOR MORE THAN THE TOTAL AMOUNT PAID TO SABIA NUTRITION DURING THE THIRTY (30) DAYS PRIOR TO THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL NOT AFFECT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW OR JURISDICTION, SUCH AS LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED DIRECTLY AND PROXIMATELY BY OUR ACTS OR OMISSIONS, OR BY OUR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT.

22. MODIFICATIONS TO THE SITE AND PRODUCTS We reserve the right, at our sole discretion, to modify, suspend, or discontinue, temporarily or permanently, the Site or Application (or any features or parts thereof) or the pricing, delivery, or provision of Products at any time.

23. DISPUTE RESOLUTION AND BINDING ARBITRATION Please carefully read the following arbitration agreement in this section (“Arbitration Agreement”).

Applicability of the Arbitration Agreement. You agree that any dispute, claim, or request for relief related in any way to your access or use of the Site or Application, any product sold or distributed through the Site or Application, or any aspect of your relationship with SABIA NUTRITION shall be resolved through binding arbitration instead of in court, except that (1) you may assert claims or seek relief in small claims court if your claims qualify; and (2) either you or SABIA NUTRITION may seek injunctive relief in court for intellectual property rights violations (such as trademark, trade dress, domain name, trade secret, copyright, and patent infringement or misuse). This Arbitration Agreement shall apply, without limitation, to all disputes, claims, and requests for relief arising before the effective date of this Agreement or any prior version of this Agreement.

24. THIRD-PARTY CONTENT FOR NON-USERS We may display third-party content, advertisements, and promotions through the Site, in emails, or in communications containing information about other companies, or within the Offers (“Third-Party Content”). Third-Party Content is not endorsed, adopted, or controlled by SABIA NUTRITION, and we make no representations or warranties regarding its accuracy or completeness, as it is impossible to monitor such materials. Therefore, you access this content at your own risk.

25. USER CONDUCT AND CONTENT In accordance with the terms set forth in this Agreement, the Site, the App, or any social media platform where SABIA NUTRITION has an official page or source may now or in the future include areas (“Interactive Areas”) that allow users to post content, including but not limited to recipes, reviews, photos, videos, music, sound, text, graphics, code, or other materials (“User Content”). Any User Content you post or submit via email or other channels must fully comply with all applicable federal, state, local, and international laws and regulations, as well as this Agreement.

You understand and acknowledge that you are responsible for any User Content you submit or share through any channel and for your use of any Interactive Area within the Site and/or App. You, not SABIA NUTRITION, assume full responsibility for such content and usage, including its legality, reliability, accuracy, and appropriateness. We are not liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Site.

You understand and acknowledge that the User Content you share with third parties through the Site or other platforms will be visible to others based on your chosen privacy settings. Any User Content you post on the Site will be considered non-confidential and non-proprietary. By providing any User Content, you represent and warrant that: (1) You own or control all rights to the User Content and have the right to grant the license outlined below to us, our affiliates, and service providers, as well as each of their respective licensees, successors, and assigns, including but not limited to all copyrights and publicity rights contained therein. Additionally, the User Content does not infringe upon any patent, trademark, trade secret, copyright, publicity right, or any other rights of any individual or entity. (2) You will not take any action (or allow any third party to take any action) that involves uploading, posting, or otherwise distributing User Content that SABIA NUTRITION, at its sole discretion, deems false, misleading, inaccurate, illegal, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of someone else’s privacy, offensive, obscene, vulgar, pornographic, profane, containing or depicting nudity, sexual activity, or otherwise inappropriate as determined solely by SABIA NUTRITION. (3) All User Content you provide complies with and will continue to comply with this Agreement.

Except where prohibited by applicable law, SABIA NUTRITION reserves the right to remove content from users who share photos, reviews, or videos on social media using our brand name, branded hashtags, or content related to our brand. By using our brand name, tagging SABIA NUTRITION, or using a branded hashtag, you acknowledge and agree that SABIA NUTRITION may use your content in our marketing materials, including but not limited to emails, advertisements, and our Site. You hereby grant us permission to use your name or social media handle in connection with your User Content for identification, advertising, and promotional purposes, even after the termination of your SABIA NUTRITION account or Services.

You represent and warrant that the posting and use of your User Content, including your name, username, image, voice, or photograph, does not violate, misappropriate, or infringe upon the rights of any third party, including but not limited to privacy rights, publicity rights, copyrights, trademarks, or other intellectual property rights.

Except where prohibited by applicable law, by using our brand name, tagging SABIA NUTRITION, using a SABIA NUTRITION-branded hashtag, or uploading any User Content, you grant SABIA NUTRITION and its affiliates a non-exclusive, royalty-free, transferable, worldwide, perpetual, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, copy, upload, store, distribute, publicly perform, and display your User Content, in whole or in part, and any name, username, image, voice, or photograph provided in connection with your User Content, without compensation to you. This applies in connection with the operation of the Site or the promotion, advertising, or marketing of the Services, in any format, media, or technology now known or later developed, even after your Account or Services are terminated. For clarity, this license does not affect your ownership rights or your ability to grant additional licenses to your User Content unless otherwise agreed in writing.

You represent and warrant that you have all necessary rights to grant us these licenses without infringing upon or violating any third-party rights, including but not limited to privacy rights, publicity rights, copyrights, trademarks, contractual rights, or any other intellectual property or proprietary rights.

Except where prohibited by applicable law, by using our brand, tagging SABIA NUTRITION, using a SABIA NUTRITION-branded hashtag, or uploading any User Content through the Site, you waive and agree not to assert any copyright or “moral” rights or claims arising from our modification of your User Content. You also agree to designate SABIA NUTRITION as your irrevocable agent concerning your User Content.

Except where prohibited by applicable law, you acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Services (collectively, “Feedback”) that you provide to us are non-confidential, and we have the unrestricted right to use and distribute such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Except where prohibited by applicable law, you acknowledge and agree that we may preserve User Content and may also disclose it if required by law or if we believe in good faith that such preservation or disclosure is reasonably necessary to: (a) comply with legal processes, applicable laws, or government requests; (b) enforce this Agreement; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of SABIA NUTRITION or our users.

26. INTELLECTUAL PROPERTY RIGHTS SABIA NUTRITION is the owner and operator of the Site and the Application. It owns or holds the appropriate license to use all content, features, and functionalities (including but not limited to all information, text, graphics, software, video, and audio, as well as their design, selection, and arrangement) published on the Site, the Application, or any Offering (collectively, the “Materials”). The Materials and Offerings are protected by copyright, trademark, trade secret, and other intellectual property laws or proprietary rights worldwide.

Trademarks All other trademarks and logos of SABIA NUTRITION, as well as all titles, characters, names, graphics, and button icons, are service marks, trademarks, and/or trade dress owned by SABIA NUTRITION and may not be used by you for any reason other than those expressly permitted by the Terms. All other trademarks, service marks, product names, company names, logos, designs, or slogans appearing in the Offerings are the property of their respective owners, and you do not acquire any ownership rights over such marks, logos, or names by using and/or accessing the Offerings. You may not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary notices incorporated into or accompanying the Offerings.

Procedure for Copyright Infringement Claims If you believe that content published on the Application or Site infringes your copyright, please provide our copyright agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (2) a description of the copyrighted work you claim has been infringed; (3) a description of where the allegedly infringing material is located on the Services; (4) your address, phone number, and email address; (5) a written statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner. Correspondence related to copyright infringement claims should be sent to our copyright agent at info@mysabia.com or via MSN at (305) 562-1416.

27. INDEMNIFICATION You agree to defend, indemnify, and hold harmless SABIA NUTRITION, our affiliates, service providers, and licensors, along with their respective directors, officers, agents, contractors, partners, licensors, representatives, suppliers, and employees, from and against any and all losses, liabilities, claims, demands, damages, costs, and actual expenses (including reasonable legal fees) arising from or related to your use of the Site, the Application, the Products, or any Offering, or any information obtained through them that is not expressly authorized under this Agreement. We reserve the right, at our expense, to assume exclusive defense and control of any matter subject to indemnification by you under this Agreement, and you agree to cooperate as fully as we reasonably require. You agree to promptly notify us of any third-party claims, cooperate with SABIA NUTRITION in defending such claims, and pay all fees, costs, and expenses associated with defending such claims (including but not limited to attorneys’ fees, court costs, settlement costs, and costs of seeking indemnification and insurance). This indemnification is in addition to, and does not replace, any other indemnification provided in a written agreement between you and SABIA NUTRITION. The provisions of this section shall survive any termination of your Account, the Agreement, and/or your access to the Offerings.

28. APP STORES You acknowledge and agree that the availability of the Application and Services depends on the third party from which you obtained the license for the Application, such as the Apple App Store or Google Play (each, an “App Store”). You acknowledge that this Agreement is between you and the Company, not the App Store. SABIA NUTRITION, not the App Store, is solely responsible for the Offerings, including the Application, its content, maintenance, support services, warranties, and addressing any claims related to them (e.g., product liability, legal compliance, or intellectual property infringement). To use the Application, you must have access to a wireless or other network and agree to pay any associated fees. You also agree to pay any fees (if any) charged by the App Store in connection with the Offerings, including the Application. You agree to comply with, and your license to use the Application is conditioned on compliance with, all terms of the applicable App Store agreement when using any Offering, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and have the right to enforce it.

29. MISCELLANEOUS This Agreement and any expressly referenced documents constitute the entire agreement between you and SABIA NUTRITION, superseding all previous discussions, correspondence, negotiations, arrangements, understandings, or agreements regarding the subject matter. This Agreement, including any rights and licenses granted under it, may not be transferred or assigned by you without the prior written consent of SABIA NUTRITION. Unless otherwise specified, this Agreement is intended solely for the benefit of the parties and does not confer third-party beneficiary rights on any other person or entity. (1) YOU MAY ONLY BRING CLAIMS OR SEEK RELIEF AGAINST US INDIVIDUALLY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING; AND (2) YOU WAIVE YOUR RIGHT TO FILE CLAIMS OR SEEK RELIEF IN COURT AND YOUR RIGHT TO A JURY TRIAL. ANY DISPUTE, CLAIM, OR REQUEST FOR RELIEF RELATED IN ANY WAY TO YOUR USE OF THE SITE SHALL BE GOVERNED AND INTERPRETED UNDER THE LAWS OF THE STATE OF FLORIDA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT.

30. COMPLAINTS_PQR: ELECTRONIC COMMUNICATIONS Communications through electronic means, whether visiting the Services, sending emails, posting notices on the Services, or communicating with you via email. For contractual purposes, you (1) consent to receive communications from SABIA NUTRITION in electronic format; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications related to this Agreement provided to you electronically satisfy any legal requirement that such communications would fulfill if they were in writing. The foregoing does not affect your statutory rights.

31. PROGRAM WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY You hereby release and agree to hold harmless SABIA NUTRITION or SABIA LLC from any and all causes of action and claims of any nature resulting from the Program and/or Wellness Professionals’ Services, including (without limitation) any act, omission, opinion, response, advice, suggestion, information, and/or service of any Wellness Professional, and/or any other content or information accessible through the Program. You understand and acknowledge that the Program is provided “as is” without any express or implied warranties, including, but not limited to, merchantability, non-infringement, security, fitness for a particular purpose, or accuracy. Your use of SABIA NUTRITION’s services is at your own risk. To the maximum extent permitted by law, we expressly disclaim all warranties of any kind, express or implied. You understand, agree, and acknowledge that SABIA NUTRITION and/or SABIA LLC shall not be liable to you or any third party for indirect, incidental, consequential, special, punitive, or exemplary damages. You understand and agree that our total liability for damages arising in connection with this Agreement and any use of the Program shall not exceed the total amount of money paid by you or on your behalf through the Program. To the extent applicable law does not permit the above limitation of liability, the limitation shall be deemed modified only as necessary to comply with applicable law.

32. APPLICABLE LAW AND JURISDICTION The website is created and controlled by Sabia, LLC in the State of Florida. THIS AGREEMENT AND ANY ACTION RELATED TO IT SHALL BE GOVERNED AND INTERPRETED UNDER THE LAWS OF THE STATE OF FLORIDA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT REGARD TO ANY PRINCIPLE THAT WOULD REQUIRE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.