TPS AGREEMENT

Effective date: January 1, 2023
Parties: Brooke Miller Nutrition LLC (“Company”) and you (“Student”).

1. Term

This Agreement starts when Student enrolls in TPS and continues while TPS and its materials remain available. Access is currently intended as lifetime access.

2. Services

TPS provides a self-paced online program with videos, worksheets, general food education, and planning resources (“Services”). Services are general and educational. They are not individualized for any person.

3. Representations and Warranties

Company will provide access to the Services in a timely and professional manner and in accordance with applicable law. Company has the right and authority to enter this Agreement.
Student represents that Student has the authority to enter this Agreement and will provide any information reasonably needed to deliver access to the Services.

4. Changes and Additional Work

This Agreement covers only the Services described here and in Exhibit A. Additional requests may require a separate fee and written agreement.

5. Compensation and Payment

Student will pay the amounts shown at checkout and in Exhibit A. If Company incurs costs to collect overdue amounts, Student agrees to reimburse reasonable fees and expenses.

6. Expenses

Student is not responsible for Company’s business expenses unless agreed to in writing.

7. Cancellation Policy for Membership Community and Coaching Add-ons

Students may receive a 30-day complimentary period inside the community. After that, membership continues at the then-current monthly rate and may be canceled anytime via the Kajabi portal or by emailing [email protected] .
Please provide at least 48 hours’ notice prior to the next scheduled payment to stop that charge. Late notice may result in the current cycle processing, with future cycles canceled.

8. Refund Policy

TPS Core Program

For TPS, Student may request a refund within 90 days of the original purchase date by emailing [email protected]  with the order email and receipt.

Eligibility requirement:
To qualify, Student must complete 50% or more of Modules 1–3 inside the program portal, as shown by the portal’s progress records. Completion means watching the lessons in those modules and attempting the included activities or worksheets where applicable.

How to request:

• Send an email to [email protected]  with the subject line “TPS Refund Request.”

• Include full name, purchase email, order date, and a brief note confirming you completed at least 50% of Modules 1–3.

• Company will verify portal progress and respond within 5–10 business days.

If approved:

• A refund will be issued to the original payment method for the purchase price paid.

• Student’s access to TPS and related materials will end upon refund approval.

Not eligible:

• Requests made after 90 days from purchase.

• Students who have not completed at least 50% of Modules 1–3.

• Community membership fees and coaching add-ons (non-refundable; may cancel future cycles anytime with 48 hours’ notice).

• Chargebacks filed prior to giving Company a chance to process the refund request.

TPS Accelerated Program

Due to the individualized nature of TPS Accelerated, which includes personal consultations, direct messaging support, and lab testing, no refunds are available for this program. Once purchased, all payments are final and non-refundable. Students are responsible for completing payment plans in full.
This policy ensures fairness to all participants and reflects the significant preparation and one-on-one time provided as part of the Accelerated experience.

All other terms of this Agreement remain in effect.

9. Confidentiality

Each party will keep the other’s non-public business information confidential, except as required by law or to enforce rights under this Agreement. This obligation survives for ten (10) years after termination.

Note: Company does not request or manage protected health information in connection with TPS.

10. Intellectual Property

All TPS materials are owned by Company. Student receives a personal, non-transferable license for individual use only. No resale, distribution, or public sharing is permitted without written permission.

11. Service Standard; No Guarantees

Company will provide access to TPS in a reasonable and professional manner. Company does not guarantee specific outcomes or results from use of the materials.

12. No Individualized Advice

TPS provides general education, meal ideas, and planning resources. It is not individualized guidance and is not a substitute for professional advice or care. Student is responsible for personal choices and should consult an appropriate professional for individual needs or questions.

13. Waiver and Release

Changes to shopping, cooking, or ingredient choices carry personal risks, including allergies, intolerances, preferences, and equipment use. Student voluntarily assumes these risks and releases Company from liability arising from participation in TPS and use of materials.

14. Testimonials

Anonymous wins or feedback shared in the community may be used for marketing. With Student’s permission, Company may attribute wins with first name and/or image across Company’s website, email, and social channels.

15. Indemnification

Each party will defend and indemnify the other from losses arising from its own negligence, intentional misconduct, or breach of this Agreement. Student will also indemnify Company for claims arising from Student’s misuse or redistribution of materials.

16. No Warranty

All materials are provided “as is,” without warranties of any kind, express or implied.

17. Limitation of Liability

To the fullest extent allowed by law, Company will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits or data, arising from the Services or this Agreement.

18. Choice of Law and Dispute Resolution

Colorado law governs this Agreement. Any dispute will be resolved by binding arbitration administered by the American Arbitration Association in or near Adams County, Colorado. Judgment on the award may be entered in any court of competent jurisdiction.

19. Assignment

Student may not assign this Agreement without Company’s written consent. Company may assign this Agreement.

20. Notices

Notices must be in writing and sent to [email protected]  or to the email address Student provides at checkout.

21. Miscellaneous

If any provision is found unenforceable, the remainder remains in effect. Failure to enforce a provision is not a waiver. This Agreement, including Exhibit A, is the entire agreement and may be amended only in a signed writing.

Exhibit A – Description of Services

Program: TPS self-paced online program.
What you get: Educational videos, guides, templates, recipe ideas, sample plans, and time-saving resources to support simpler daily food decisions. Not individualized.
Access: Lifetime access to core materials.
Location: Virtual delivery via www.brookemillernutrition.com  and the program portal.
Pricing options:

• Promotional: $297 pay-in-full or 4 payments of $89 (total $356) when offered.

• Standard: $497 pay-in-full or 4 payments of $147 (total $588).
  Community and communications: Company provides reasonable communication via email at [email protected] , inside Kajabi, and within the private community group, if applicable. Please allow up to two (2) business days for responses.

Community Guidelines (summary):
Be kind. No self-promotion without permission. No affiliate links without permission. Ask specific questions. Be helpful and respectful. Company may remove posts or members that violate guidelines without refund.