Terms & Privacy

Agreement to These Terms

These Terms of Service ("Terms") and the Privacy Policy in Sections 12 to 17 govern your access to and use of the website at the90daysolution.com (the "Site") and the training programs, guides, and services offered by The 90 Day Solution ("we," "us," or "our"). You accept these Terms by checking the "I agree" box when you submit a form or complete a purchase, or by otherwise using the Site. If you do not agree, please do not use the Site or services.

The Programs & Training

The 90 Day Solution offers fitness and nutrition training programs (including Transform U, Switch You Up, Game Changer, and Grab N Go guides) delivered online. Our programs provide structured workouts, nutrition guidance, and educational materials.

Our programs are for general fitness, wellness, and educational purposes only. They are not medical advice, medical nutrition therapy, or a substitute for care from a physician, registered dietitian, or other licensed healthcare provider. Free consultations are informational, do not create a professional, medical, or training relationship, and may be rescheduled or cancelled with reasonable notice.

Payments & Purchases

Program prices are shown on the Site in U.S. dollars and, unless stated otherwise, are one-time payments. Payments are processed securely by a third-party, PCI-compliant payment processor; we do not collect or store your full payment card details on this Site. You must be at least 18 years old to purchase a program. By completing a purchase, you authorize the applicable charge and confirm that the payment information you provide is yours and accurate.

Refunds & Cancellations

ALL SALES ARE FINAL AND PAYMENTS ARE NON-REFUNDABLE. Because each program unlocks the full digital system (workouts, nutrition guidance, and materials) immediately upon purchase, we do not offer refunds, and this policy is disclosed to you at checkout before you pay. To make sure you are matched to the right program before you buy, we offer a free consultation: use it to ask questions and confirm the program fits your goals. If you hit a wall after starting, message us at transform@the90daysolution.com and we'll help you adjust your plan. Nothing in this section limits any non-waivable rights you may have under the law of your state.

Health & Medical Disclaimer; Assumption of Risk

Consult your physician or a qualified healthcare provider before beginning any exercise or nutrition program, especially if you have a medical condition, are pregnant or nursing, take medication, or have any concerns about your health. Stop exercising immediately and seek medical attention if you experience pain, dizziness, shortness of breath, or other warning signs.

By participating, you represent that you are in good physical condition and know of no medical reason that prevents you from exercising. You acknowledge that exercise and dietary changes carry inherent risks (including muscle and joint injury, cardiovascular events, and other health complications), and you voluntarily accept and assume all such risks. To the fullest extent permitted by applicable law, you release The 90 Day Solution and its founders, trainers, and team from liability for any injury, health issue, or loss arising from your participation in our programs, except to the extent caused by our gross negligence or willful misconduct or where such a release is prohibited by the law of your state. In addition to these Terms, we may require you to complete a separate Waiver & Assumption of Risk and physical-activity readiness questionnaire at purchase; if there is any conflict, the separate waiver controls.

Results Disclaimer

Individual results vary and depend on many factors, including your starting point, effort, consistency, and genetics. Testimonials and transformation images on the Site reflect individual experiences, are not typical, and are not a promise or guarantee that you will achieve the same or similar results.

SMS / Text Messaging Consent

By providing your phone number on our forms and checking the SMS consent box, you give your prior express written consent to receive text messages from The 90 Day Solution about your training and appointments, and (where you separately opt in) marketing offers and updates. Consent is not a condition of any purchase. Message and data rates may apply, and message frequency varies. You can opt out at any time by replying STOP (or by emailing us or telling us in any reasonable way that you want texts to stop), and you can reply HELP for help. We process opt-out requests promptly and in all cases within ten (10) business days. Providing a phone number is optional. We send messages only between 8:00 a.m. and 8:00 p.m. in your local time zone unless you ask otherwise.

Acceptable Use

You agree to use the Site and our services only for lawful purposes. You may not attempt to gain unauthorized access to any part of the Site, interfere with its operation or security, scrape or copy Site content by automated means, or use the Site to harass others or infringe anyone's rights. We may suspend or end access that violates these Terms.

Intellectual Property

All content, program materials, guides, branding, logos, and media on this Site are owned by The 90 Day Solution and are protected by applicable law. When you purchase a program, you receive a limited, personal, non-transferable, non-sublicensable license to use the materials for your own training. You may not copy, share, redistribute, resell, or publicly post our materials without our written permission. We may terminate this license if you materially breach these Terms.

Limitation of Liability

To the fullest extent permitted by law, The 90 Day Solution and its founders, trainers, and team are not liable for any indirect, incidental, special, or consequential damages arising from your use of the Site, our programs, or our materials. In no event will our total liability for any claim arising out of or relating to the Site, programs, or materials exceed the amount you paid us in the twelve (12) months before the claim arose. The Site and services are provided on an "as is" and "as available" basis, without warranties of any kind, express or implied. Some states do not allow the exclusion or limitation of certain damages or warranties; in those states, these limitations apply only to the extent permitted by law, and you may have additional rights.

Indemnification

You agree to indemnify and hold harmless The 90 Day Solution, its founders, trainers, and team from any third-party claims, damages, losses, or expenses (including reasonable legal fees) arising from your misuse of the programs or the Site, your breach of these Terms, or your violation of any law or third-party right.

Privacy Policy: Information We Collect

We collect the information you choose to provide through our forms, such as your name, email address, and (optionally) phone number. If you book a consultation or complete an intake form, we may also collect fitness and health-related information you choose to share (such as fitness level, goals, injuries, or medical conditions): we collect this only with your consent and use it only to deliver and personalize your training. We also receive limited technical information automatically when you visit the Site, such as your browser type and general usage data, through cookies and similar technologies.

We use this information to respond to your inquiries, deliver requested guides, provide and improve our training and programs, process payments, and (where you have consented) send you updates and offers. You can unsubscribe from marketing messages at any time.

Third-Party Service Providers

We rely on third-party service providers to run our business, including providers for website hosting, form and lead management, scheduling, email and text communications, and payment processing. These providers process information on our behalf and only as needed to provide their services, under their own privacy and security practices. We do not sell your personal information.

Cookies & Tracking

This Site uses cookies and similar technologies that are necessary for it to function and to remember your preferences. We also use Google Analytics, a web-analytics service from Google, to understand how visitors find and use our Site so we can improve it. Google Analytics uses cookies and collects limited information such as the pages you view, your general location (not your precise address), your device and browser type, and how you arrived at the Site. This information is aggregated and helps us measure what is working; we do not use it to identify you personally, and we have not enabled Google's advertising or cross-site tracking features. Google processes this data under its own privacy policy, and you can opt out of Google Analytics across all sites by installing Google's browser add-on at tools.google.com/dlpage/gaoptout. You can also control or disable cookies through your browser settings, though some features of the Site may not work as intended if you do. We do not use third-party advertising trackers and we do not sell your personal information; if that ever changes, we will update this page and obtain any consent required by law.

Data Retention & Children's Privacy

We keep personal information only as long as needed for the purposes described in these Terms or as required by law, after which we delete or anonymize it. Our Site and services are intended for adults, are not directed to anyone under 18, and require you to be at least 18 to purchase. We do not knowingly collect personal information from anyone under 18; if you believe a minor has provided us information, please contact us so we can remove it.

Your Privacy Choices & State Rights

You may request access to, correction of, or deletion of your personal information (including any health-related information you have shared), or ask us to stop contacting you, by emailing transform@the90daysolution.com. Depending on where you live (for example, Utah, California, Colorado, Connecticut, Virginia, or Washington), you may have additional rights to access, delete, correct, or limit the use of your personal information, and to appeal a decision we make about your request. We do not sell your personal information or share it for cross-context behavioral advertising. We will respond to verified requests within the time required by applicable law (and in any case within 45 days where no other period applies).

Third-Party Links

The Site may link to third-party websites and tools (for example, scheduling, payment, or social media pages). We do not control and are not responsible for the content, terms, or privacy practices of those third parties. Their use is governed by their own policies.

Changes to These Terms

We may update these Terms from time to time as our business and the law evolve. If we make material changes, we will notify you by email (if we have your address) or by a prominent notice on the Site before the changes take effect, and the "Last updated" date above will reflect the most recent revision. Your continued use of the Site after the effective date means you accept the updated Terms; changes do not apply retroactively to purchases made before the effective date.

General

If any provision of these Terms is found unenforceable, the remaining provisions stay in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable. These Terms are the entire agreement between you and us regarding the Site and services and supersede any prior statements or marketing. Our failure to enforce a provision is not a waiver of it. We may assign these Terms; you may not assign yours without our consent. We are not liable for delays or failures caused by events beyond our reasonable control. You agree to receive communications, agreements, and notices from us electronically (by email or by posting on the Site), and you agree these satisfy any legal requirement that such communications be in writing.

Governing Law; Dispute Resolution; Class Action Waiver

These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-laws rules.

Informal resolution first. Before filing any claim, you agree to contact us at transform@the90daysolution.com and give us 30 days to work toward a resolution.

Binding arbitration. Except for small-claims matters and requests for injunctive relief, any dispute arising out of or relating to these Terms, the Site, or our programs will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, held in Utah or remotely at your election. You and we each waive the right to a jury trial and to participate in a class action. You may opt out of this arbitration provision by emailing us within 30 days of first accepting these Terms. If the arbitration provision is found unenforceable, disputes will be handled exclusively in the state or federal courts located in Utah, and you consent to that jurisdiction.

Contact

Questions about these Terms or your privacy? Email us at transform@the90daysolution.com.