PLEASE READ THE FOLLOWING CAREFULLY BEFORE YOU USE OUR SERVICES.

By clicking the “I accept” button or by using our Site or Services, you acknowledge that you are 18 years of age or older (or of legal age in your jurisdiction required to form a binding contract if that age is over 18) and that you have read, understand and agree to be bound by these Terms of Use, as amended from time-to-time, and our Privacy Policy. If you are not willing to be bound by and comply with these Terms of Use, you should not access or otherwise use our Site or Services. The Mercury Method may modify these Terms of Use at any time, in our sole discretion, and such modifications shall be effective immediately upon the earlier of the posting of the modified Terms of Use on our Site or your notification of such amendments. You agree to review these Terms of Use periodically and your continued use of our Site or Services shall be deemed conclusive acceptance of any modified Terms of Use.

Who Can Use Our Services

Our Site and Services are not intended for use by individuals under the age of 18 (a “Minor”) unless a Minor has obtained prior consent to use our Site or Services. Use of our Site or Services by a Minor without such consent is strictly prohibited. The Mercury Method specifically disclaims any and all responsibility or obligation to monitor or verify the age or legal status of any Client. The Mercury Method will have no liability resulting from any use of our Site or Services by any Minor.

Our Services

The Mercury Method offers five categories of nutritional information products and services:

1. 1. Men or Women’s The Mercury Method Program (“The Mercury Method Program”);

When you register for one of our The Mercury Method Programs, you will receive a structured year-long nutrition program, a training program, and be able to connect with one of our experts (a “Coach”) to help make adjustments to your program and keep you on track. Your Coach will adjust your The Mercury Method Program experience based on the information that you provide to us.

The Mercury Method aims to connect you with a Coach who is best suited based on the information about your health goals and other information that you provide us when you register for our Services. If you would like to change your Coach, please contact us at [email protected]. The Mercury Method reserves the right to change your Coach at any time, in our sole discretion.

1. 1. The Mercury Method Certification (Level 1 or Level 2) Program; and

The Mercury Method offers two certification programs for fitness professionals. These The Mercury Method Programs are based on materials developed by The Mercury Method, which provide nutritional information and coaching strategies for Clients who register for this program. The The Mercury Method Program also requires the completion of exams online, and grants access to our The Mercury Method team and coaching tools. The Mercury Method Certified professionals are required to renew their credential every 2 years.

1. 1. The Mercury Method Guide and Nutrition book (“The Mercury Method Guides”);

The Mercury Method offers Guides for sale that are resources for nutrition and lifestyle information developed by the The Mercury Method team through our research in the field of exercise and nutrition sciences. The Mercury Method Guide is an 11-part module intended to provide nutritional information to help individuals embark on a self-guided nutrition program based on our The Mercury Method System. The Nutrition book is a cookbook including recipes, cooking instructions, and nutritional information for meal preparation.

1. 1. The Mercury Method;

The Mercury Method, a nutrition coaching software for health and fitness professionals. The Mercury Method gives health and fitness professionals the opportunity to use The Mercury Method’s habit-based nutrition program and curriculum, delivered using the Site, with their customers.

1. 1. The Mercury Method’s Academy;

The Mercury Method offers The Mercury Method Academy, a continuing education membership. The courses and content in The Mercury Method Academy are based on materials developed by The Mercury Method, which provide nutritional information and coaching strategies for Clients who enrol. Some Content also requires the completion of exams online, and grants access to our The Mercury Method team and coaching tools.

Content Rights and Ownership

All content provided or otherwise made available by The Mercury Method through the Services and the Site, including but not limited to text, graphics, images, music, software, audio, video, concepts, methods of operation, works of authorship of any kind, and information or other materials appearing on or emanating to and/or from the Services, as well as their overall design and appearance (the “Content”) is owned, controlled or licensed by or to The Mercury Method and is protected by intellectual property rights and unfair competition laws within and outside of Canada. Content also includes any Content that Clients (including you) provide or make available through our Services and Site (“Client Content”).

Subject to your compliance with these Terms of Use, The Mercury Method hereby grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to download, view, copy and display the Content solely in connection with your permitted use of our Services and Site.

By making Client Content available through our Services and Site, you hereby grant The Mercury Method a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license to use, copy, reproduce, modify, adapt, translate, create derivative works based upon, distribute, publicly display, perform, distribute and communicate by means of telecommunication your Client Content in connection with operating and providing our Services, Site, and Content to you and other Clients.

You are solely responsible for all of your Client Content. You represent and warrant that you own all your Client Content, or have the necessary rights to grant us the license rights in your Client Content as described under these Terms of Use. You also warrant and represent that neither your Client Content, or the use and provision of such through the Services and the Site, nor any use of the Client Content by The Mercury Method on or through the Services and the Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity of privacy, or result in the violation of any applicable law or regulation.

You can remove your Client Content by specifically deleting it. However, in certain instances, some of your Client Content may not be completely removed and copies of your Client Content may continue to exist on the Services or the Site. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your Client Content.

Any user reviews submitted to The Mercury Method’s website or through 3rd-party review websites may be used for marketing purposes.

No Professional or Medical Advice; No Doctor-Patient Relationship

OUR COACHES ARE NOT HEALTHCARE PROFESSIONALS. OUR SERVICES AND THIS SITE DO NOT PROVIDE OR OFFER, AND ARE NOT A REPLACEMENT FOR, PROFESSIONAL MEDICAL EVALUATION, ADVICE, DIAGNOSIS OR TREATMENT (“MEDICAL ADVICE”). The Mercury Method provides the services for informational purposes only. Based on information that you request and/or provide to us, The Mercury Method provides you: (i) access to general health education and information; (ii) nutritional and other fitness advice from our Coaches; and (iii) references to other resources. While The Mercury Method believes that the information provided through our Services and the Site is current and reliable, The Mercury Method cannot and does not make any such guarantee or warranty.

YOU HEREBY AGREE THAT, BEFORE USING OUR SERVICES, YOU WILL CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER FOR MEDICAL ADVICE, PARTICULARLY IF YOU ARE AT RISK FOR PROBLEMS ARISING FROM CHANGES IN YOUR DIET OR LIFESTYLE. Our Services are not intended to be used by Minors or individuals with health conditions that makes the kind of changes to diet or lifestyle suggested by our Services unsafe or inappropriate.

Furthermore, The Mercury Method shall have no obligation or responsibility to monitor your health status or health condition or to contact or alert any medical or emergency professional. The Mercury Method shall not be liable to you for your reliance on any information obtained through the use of the Services or this Site, and The Mercury Method disclaims all liability in connection with such information. This disclaimer shall not extend to damages caused directly and solely by The Mercury Method’s gross negligence or wilful misconduct.