Last updated: Nov, 2024

Terms & Conditions
Welcome to the Hanoun Health Institute, LLC (referred to as "Company," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your use of our website, including www.andrewhanoun.com and www.hanouninstitute.com (collectively, the "Site"), and the purchase of our weight management programs and related services ("Programs" or "Products and Services"). By accessing or using our Site and/or purchasing our Programs, you agree to abide by these Terms, our Privacy Policy, and any additional terms that may apply.

By clicking on buttons labeled "SUBMITTING," "I ACCEPT," or similar links, you are providing a legally binding electronic signature, thereby entering into a legally binding contract with us. This electronic submission indicates your agreement to and intent to be bound by these Terms. This agreement is in accordance with applicable laws, including the United States Electronic Signatures in Global and National Commerce Act.

We retain the right to modify these Terms or impose new conditions on the use of our Site at any time. Revised Terms will be posted on the Site and will take effect immediately upon posting. Continued use of the Site after changes signifies your acceptance of the updated Terms.

When using our Site, you agree to comply with all applicable laws and regulations, as well as any guidelines or rules associated with our Company. If you disagree with any Terms, you must cease use of the Site and/or our Company.

Even if you cancel your Programs or cease using our Site, you remain bound by your obligations under these Terms, including indemnifications, warranties, and limitations of liability.

You consent to our access and use of information you provide to deliver our Products and Services and to contact you with related notifications if necessary.

We reserve the right to terminate or suspend your access to the Site or any part of our Programs if you violate these Terms or for any other reason we deem appropriate.

By using our Site, you confirm that you are at least 18 years old and legally competent to enter into a contract. If you do not agree with these Terms, you should not use the Site.

It is important to periodically review these Terms to stay informed about any changes. Continued use of the Site after any modifications indicates your acceptance of the revised Terms. If you have questions about these Terms, please contact us at support@andrewhanoun.com.

We may investigate reported violations of our policies or complaints and take appropriate action as we see fit. This may include issuing warnings, suspending, or terminating your rights to use our Site. We are not liable for any termination of access to the Site and you should not attempt to use the Site after such termination. We may also report suspected illegal activities to law enforcement or other relevant authorities.

To protect our rights, property, personal safety, and ensure the integrity of our business, we may cooperate with law enforcement requests, administrative subpoenas, or court orders. We may disclose your information, including user profile details, IP address, and usage history, in response to such requests.

You are solely responsible for any content you submit on or through the Website, as well as any information you transmit to other users or third-party advertisers.

Compliance With Laws

You agree to adhere to all relevant federal, state, and local laws, regulations, rules, and ordinances in connection with your use of the Website. This includes, but is not limited to, compliance with laws governing the import and export of technical data as it pertains to your online transmissions.

Site Content: Intellectual Property Rights

Unless stated otherwise, the entirety of the Site and all associated materials are protected by copyrights, trademarks, or other intellectual property rights owned, controlled, or licensed by the Company. The Site is intended solely for your personal, non-commercial use. You are not permitted to use the Site or its materials in any way that infringes on our rights or is not explicitly authorized. Specifically, unless expressly permitted by these Terms and Conditions or by the material's owner, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works from, or distribute any material from the Site in any medium or form, including electronic means such as email.

We allow users to download a single copy of the materials for personal, non-commercial, temporary use, provided that all copyright and proprietary notices remain intact. This permission constitutes a license, not a transfer of ownership. This license will automatically terminate if you breach any of these restrictions or the Terms and Conditions and may be revoked by our Company at any time.

Harmful Acts

Any dishonest or unethical practice; any violation of the law; infliction of harm to the Company reputation; hacking and other digital or physical attacks on the Website; scraping, crawling, downloading, screen-grabbing, or otherwise copying content on the Website and/or transmitting it in any way we haven’t specifically permitted; introducing, transmitting, or storing viruses or other malicious code; interfering with the security or operation of the Website; framing or mirroring the Website; creating, benchmarking, or gathering intelligence for a competitive offering; infringing another party’s intellectual property rights, including failing to obtain permission to upload/transfer/display works of authorship; intercepting or expropriating data; and the violation of the rights of Hanoun Institute or any third party.

Offensive Communications

Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; or solicitous of unlawful behavior.

Ownership of Content

The Company owns and operates this Website, along with all content and materials on it, including design, layout, graphics, logos, and other visual elements (the "Materials"). These materials are protected by intellectual property rights, and unless expressly permitted, you are not allowed to copy, reproduce, distribute, or display them in any form. This Website does not grant any license to use the Company's intellectual property. All rights not explicitly granted are reserved by us. The design, text, and graphics of the Website are fully owned by the Company. All rights are reserved.

User-Generated Content

You retain ownership of any content you submit to our Site, and we will never claim ownership. However, by submitting content, you grant us a non-exclusive, royalty-free, transferable, and sub-licensable worldwide license to use, distribute, modify, display, translate, and create derivative works from it. This license aligns with your privacy settings and our Privacy Policy.

You can revoke this license at any time by deleting your content or account. However, if your content has been used in commercial or sponsored material, the license will continue until that material is discontinued.

You also permit us to use your username and other identifying information in ways that align with your privacy settings and our Privacy Policy.

Digital Millennium Copyright Act

If you believe that content on this Website infringes your copyright, you can submit a DMCA notification by providing the following information in writing (refer to 17 U.S.C. 512(c)(3) for details):
  • A physical or electronic signature of the authorized representative of the copyright owner.
  • Identification of the copyrighted work that you claim is being infringed, or a list if multiple works are involved.
  • Details about the material that you believe is infringing, with enough information to help us locate it.
  • ​Your contact information, including address, phone number, and email.
  • ​A statement that you have a good faith belief that the use of the material is unauthorized.
  • ​A statement, under penalty of perjury, that the information provided is accurate and you are authorized to act on behalf of the copyright owner.
Send your DMCA notice to our designated agent:

Hanoun Health Institute, LLC
1552 South Route 59 #1478
Naperville, IL 60564

Only DMCA notices should be sent to this agent. For other inquiries, contact our customer service at support@andrewhanoun.com.

Limitations on Linking and Framing

You may create a hyperlink to our Site, provided it does not suggest any endorsement by us. However, you cannot frame or inline link our content, or integrate our material, content, or intellectual property into another website or service without our prior written consent.

Links

The Company has not reviewed all sites linked to its Site and is not responsible for their content. The inclusion of any link does not mean the Company endorses, approves, or controls the linked site. You use these links at your own risk and should evaluate their suitability yourself. These links are provided for convenience, and we make no guarantees about the accuracy or reliability of the information, products, or services on these sites. You agree that our Company is not liable for any loss or damage resulting from your interaction with third-party websites.

Limitations on Use

By accessing this Site, you agree not to engage in the following activities:

You must not modify, copy, create derivative works from, decompile, or reverse engineer any materials or software found on this Site. Additionally, you should not remove any copyright or proprietary notices from these materials. You are also prohibited from transferring materials to others or "mirroring" them on another server.

You must not use this Site or its services in a manner that disrupts or abuses our networks or any services provided by the Company. Any use of this Site or its services to transmit or publish content that is harassing, indecent, obscene, fraudulent, or unlawful is strictly prohibited.

Furthermore, you must not use this Site or its services in a way that violates any applicable laws or regulations, nor should you employ this Site for unauthorized advertising or spam. Harvesting, collecting, or gathering user data without consent is also forbidden. Lastly, any use of this Site or its services that infringes upon the privacy, intellectual property, or other rights of third parties is not allowed.

Content Disclaimer

The information provided on this website, including advice and recommendations, is not intended to serve as medical or healthcare advice, nor should it be used for diagnosing or treating any medical condition. It does not replace the need for professional advice and services from a qualified healthcare provider who is familiar with your individual circumstances. Always consult with your physician or another qualified healthcare provider before beginning any new treatment or addressing any medical concerns.

The use of this website is subject to additional disclaimers and caveats that may be provided on various pages and with the products and services offered. We strongly recommend that you discuss the nutritional plan or other content found on this site with your physician. If your physician advises against any aspect of the website's content, you agree to inform us in writing immediately and to discontinue using the content until you have received approval from your physician. By using this site, you agree to communicate with your physician and to indemnify our Company for any injuries resulting from failure to review the content with your physician or from not following this crucial review step.

The Company and its owners, principals, representatives, and agents accept no responsibility for any consequences arising directly or indirectly from your actions or inactions based on the information, products, services, or materials on this website. While we strive to ensure that the information on our site and related products and services is accurate, complete, and current, we cannot guarantee the accuracy, completeness, or timeliness of this information and will not be liable for any resulting damage or loss.

Online Commerce

You are responsible for all purchases made by you or on your behalf through the Site. You agree to use the Site to buy products or services for legitimate, non-commercial purposes only, and not for speculative, false, or fraudulent reasons. Purchases should be for yourself or someone you are legally authorized to buy for. If you provide a third party's personal information when making a purchase, you confirm that you have their consent.

We may earn commissions, pay commissions, or receive other benefits when you purchase products or services through links on this Site or in our emails.

Order Placement and Acceptance

If you order a service or product, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at support@hanouninstitute.com. in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.

All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product or service. If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order. We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.

Your purchase order of products and other services is conditioned on you re-affirming your acceptance of this Agreement.

All advertised prices are in, and all payments shall be in, U.S. Dollars.

Electronic Signature

All information communicated on the Website is considered an electronic communication. When you communicate with Hanoun Institute through or on the Website or via other forms of electronic media, such as email, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

Subscription Terms and Automatic Payments

A Program user is responsible for paying all sums due to the Company in connection with their monthly subscription in accordance with these Terms. The first fee payable in accordance with these Terms is due when the user account is set up and payment of the monthly fee is a condition of access. Every calendar month, your account will be charged the subscription fee plus applicable tax for the following month’s subscription, together with any other fees for the following month’s subscription plus any accumulated charges for the past period (collectively “Fees”).

Failure by the Program user to use any of the services available through the service provided by the Company does not relieve the Program user of their payment obligations under these Terms. Potential users can pay by credit card or debit card. Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the products or services together with details on when payment is due.

 You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment terms for the specific service purchased (unless the subscription is canceled in accordance with these Terms) and therefore authorize the automatic payment collection terms applicable to that specific service (e.g., on a monthly basis and for a specific amount).

The Company reserves the right to immediately terminate a user’s account and/or service for any unpaid (in whole or part) period of the subscription (with or without notice). Termination of service in no way relieves or excuses the user from any obligation to pay outstanding charges or expenses. In the event Hanoun Institute starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided in Section 18 below. In addition to any Fees, the Company may also charge applicable value added or other tax.

Shipping Fees

Unless otherwise stated on the Website at the time of purchase, if we ship you a physical product, we reserve the right to add applicable shipping and handling fees to your order. Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping address and phone number information is required. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. If your order will be delayed, we will contact you at the e-mail address you provided when placing your order. If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the full amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third-party carrier or other delivery service not owned or controlled by us. The risk of loss and title for such items pass to you upon our delivery to any third-party carrier.

Custom Plans

The Company requires a detailed questionnaire to be completed by the customer to identify if our Program is right for you. By completing this questionnaire and Intake Form, the customer recognizes that in preparing this questionnaire they have disclosed true accurate and fair information about their health. Upon receipt of their plan the customer agrees to confirm with their physician that the customer is medically cleared to engage in this type of athletic program. The customer understands that providing false information and failing to seek a medical opinion as to their ability to carry out these plans could result in serious bodily injury and even death.

The customer is required to carefully review any provided plans against existing food allergies the customer may have. It is the customer’s responsibility to verify that the plan does not use foods that he/she may be allergic. While we attempt to tailor each plan to meet the dietary needs of the customer, the ultimate burden of ensuring that the customer does not eat a food with which they may have an allergy to rests with customer. By completing the questionnaire and Intake Form the customer specifically agrees to indemnify and release the Company from any injury resulting from a discrepancy in this questionnaire or from own failure to seek medical advice to verify one's ability to engage in the Program. The customer specifically understands that our Program does not have doctors on staff and that this service is provided to be used in conjunction with proper medical guidance.

General Refund Policy

All refunds will be calculated according to the actual purchase price paid at the time of purchase. Refunds will be less cost of shipping and handling if applicable. Please note that returns for credit and debit card transactions are issued within two (2) business days after processed by our client services team, however it may take up to ten (10) for the credit to post to your credit card or bank account.
  • We may make special offers on our Website, via telephone, email or otherwise. If there is a variation or conflict between the terms of the special offer and these Terms, these Terms will apply and take priority unless the modification specifically references these Terms.
  • In the event a product has a mix of services, challenges, and products we reserve the right to allocate your purchase price between said items as noted in our published rates. In the event of published MSRP for said products we may allocate in our sole and absolute discretion.
  • To request a refund or exchange, contact Client Service at Support@andrewhanoun.com, Customers ineligible for a refund may be granted a partial refund or provide other products/services, in our sole and absolute discretion. 
Modification or Suspension of the Website

The Company reserves the right to modify, suspend, or discontinue this Website, in whole or in part, at any time and without notice. We will not be liable for any consequences of these actions. We recommend downloading all purchased content to ensure access if the Website becomes unavailable.

Disclaimer of Warranties
  • General Disclaimer
    The Site and all its content, products, and services ("Offerings") are provided "AS IS" and "AS AVAILABLE." To the fullest extent allowed by law, the Company disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any others that may arise from usage or trade.
  • Site Performance
    We do not guarantee that the Site will meet your expectations or that access will be uninterrupted, timely, secure, or error-free. We make no warranties regarding the results from using the Site or the accuracy, reliability, or completeness of its information.
  • Risk of Use
    Downloading materials or data from the Site is at your own risk. You are responsible for any damage to your computer or loss of data resulting from such downloads.
  • ​No Warranty Creation
    No advice or information, whether oral or written, obtained from us or through the Site creates any warranty not explicitly stated in these Terms. Relying on such information is at your own risk.
  • ​Health and Wellness Information
    The Site may provide health, wellness, and nutritional information for educational purposes only. This information is not a substitute for professional medical advice, diagnosis, or treatment. Always consult a qualified healthcare provider with any medical concerns.
  • ​Medical and Counseling Disclaimer
    Nothing on the Site or in its services should be interpreted as medical or counseling practice, including psychiatry, psychology, psychotherapy, or providing healthcare treatment, diagnosis, prognosis, or advice.
Limitations of Liability
  • General Limitation
    To the fullest extent allowed by law, the Company, along with our affiliates, officers, directors, shareholders, employees, and agents, will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages related to your use of the Site or any products or services purchased through it. This includes damages from (a) Site usage or inability to use it, (b) errors or omissions in content, (c) actions of other users or third parties, and (d) third-party materials, products, or services provided through the Site.
  • Liability Cap
    Our total liability for any claims related to your use of the Site or products/services purchased through it will not exceed the amount you paid for those products or services.
  • Exclusion of Certain Damages
    We are not liable for special, incidental, consequential, or punitive damages, even if we were warned of their possibility. Some jurisdictions don't allow these exclusions, so they may not apply to you. In such cases, our liability is limited to the maximum extent allowed by law.
  • ​Assumption of Risk
    You acknowledge that using the Site, including following any fitness or wellness advice, carries inherent risks. You assume all risks of injury or death from using the Site or its offerings.
  • ​Exclusive Remedy
    If you are dissatisfied with the Site or any products or services, your sole remedy is to stop using the Site and its offerings.
Force Majeure

The Company will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, including our affiliates, officers, directors, employees, agents, and other related parties, from any claims, damages, losses, and costs (including attorneys' fees) arising from your use of the Site, products, or services; any breach of these Terms; or any infringement of third-party rights by you or users of your account.

You acknowledge that these indemnification obligations and liability limitations are fundamental to our decision to provide access to the Site and its services. These terms form a key part of our offering.

The indemnity provisions, along with liability and damage limitations, will remain in effect even after the termination or expiration of these Terms.

Governing Law and Venue

This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use of the Website, our Privacy Statement or any matter concerning Hanoun Institute, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of State of Illinois without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement below, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in the state of Illinois in the United States, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, nonrepresentative basis, and you forever waive any right to bring such claims on a class wide or representative basis.

Dispute Resolution by Binding Arbitration

Summary:

If you have concerns, please first contact our Customer Service Center at support@andrewhanoun.com. If unresolved, disputes will be settled through binding arbitration rather than court. Arbitration is less formal and uses a neutral arbitrator, with limited court review. The American Arbitration Association (AAA) will handle arbitration. Claims will be individual; class or group actions are not allowed. If you win and the award exceeds our last settlement offer, we may pay you more and cover reasonable attorney’s fees.

Arbitration Agreement & Class Action Waiver

We agree to arbitrate all disputes, including those related to our relationship, claims before these Terms, and any claims post-termination. This includes disputes involving our subsidiaries and affiliates.

Furthermore you agree to also waive your right to bring a class action. This class action waiver applies, even if a court of competent jurisdiction finds the requirement to arbitrate, invalid or unenforceable. You also waive your ability to request a jury trial, should the arbitration provisions of these terms fail.

The Federal Arbitration Act (FAA) governs this agreement. It survives termination of these Terms.

Initiating Arbitration:
  • Send a written Notice of Dispute via U.S. mail to:

    Hanoun Institute of Health
  • 1552 South Route 59 #1478
  • Naperville, IL 60564
  • The Notice must describe the dispute and the relief sought.
  • If unresolved in 30 days, arbitration may be initiated.
  • ​Download the arbitration form from AAA's website.
  • ​Program will reimburse the filing fee if your claim is $75,000 or less. For claims over $75,000, fees follow AAA rules.
Arbitration Process:
  • Follow AAA’s Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes.
  • Hearings will be in Illinois, unless otherwise agreed.
  • For claims of $10,000 or less, arbitration can be based on documents, or by phone or in-person, as chosen.
  • T​he arbitrator’s decision will be reasoned and written.
Award and Fees:
  • If you win and the award exceeds our last settlement offer, we may pay $2,000 plus reasonable attorney’s fees.
  • Attorney’s fees awarded will not be duplicative. We will not seek attorney’s fees if we win.
Limitations:
  • Arbitrator may only award relief to the individual and cannot handle class or group claims.
  • Claims exceeding $75,000 or seeking injunctive relief may be appealed to a three-arbitrator panel within 30 days of the award.
Changes and Termination:
  • Material changes to this arbitration provision will not apply to disputes with written notice before the change.
  • Termination of this provision will not affect disputes prior to termination and will be effective 30 days after notice.
Severability of Agreement

If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.

Notice for California Users

Under California Civil Code Section 1789.3, California users of the Website are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

See more of our rules pertaining to California Users in our Privacy Policy. 
Copyright 2024 - Hanoun Coaching, Inc. - All Rights Reserved
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