The following Terms and Conditions ("Terms") are entered into by and between you ("User", "you", or "your") and Motivation and Mindset Studios, LLC, doing business as Always Be Quitting ("Company", "we", "us", or "our"). These Terms, together with our Privacy Policy and all other policies incorporated by reference, govern your access to and use of our website, services, products, coaching programs, community platforms, and all related content (collectively, the "Services").

BY USING OUR SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE OUR SERVICES. 

 

1. ELIGIBILITY AND RESTRICTIONS

Age Requirement

Our Services are available only to individuals who are 18 years of age or older. By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this agreement.

Health and Safety Requirements

You should consult with a healthcare provider before using our Services if you:

• Are pregnant or nursing
• Have serious mental health conditions
• Are taking medications that may be affected by nicotine cessation
• Have any health concerns about quitting tobacco/nicotine

 IF YOU ARE IN A MEDICAL EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY SERVICES IMMEDIATELY. 

Eligibility for Paid Services

For participation in digital courses, communities, group coaching, or individual coaching, you must meet ALL of the following requirements: 

You MUST be: 

• A current user of tobacco, nicotine, or vaping products who genuinely wants to quit, OR someone who has recently quit but is struggling with maintaining cessation, OR someone who has relapsed and needs support
• Participating for your own personal cessation journey

You may NOT participate if you are: 

• A healthcare provider, medical professional, therapist, counselor, or any other licensed health professional (unless you are personally a current user of tobacco, nicotine, or vaping products seeking cessation support for yourself)
• Someone affiliated with the tobacco, nicotine, or vaping industry (including employees, contractors, consultants, or investors)
• Anyone seeking to learn, copy, or use our methods, processes, or approaches for your own business, practice, or professional purposes (including current or aspiring coaches, trainers, educators, consultants, or wellness professionals)
• Someone misrepresenting their current tobacco/nicotine use status

Misrepresentation or violation of these eligibility requirements will result in immediate termination of your access to all Services with no refund of any fees paid. 

 

2. MEDICAL DISCLAIMERS AND HEALTH WARNINGS

Not Medical Treatment

IMPORTANT: All Services provided by Always Be Quitting are for educational and informational purposes only. Our Services do NOT constitute:

• Medical advice, diagnosis, or treatment
• Mental health counseling or therapy
• Addiction treatment or medical intervention
• A substitute for professional healthcare
• Prescription or recommendation of specific medications for your personal use

Medication and Treatment Discussions

ANY DISCUSSION OF MEDICATIONS, TREATMENTS, OR PRODUCTS in our Services, community forums, or coaching sessions is for EDUCATIONAL PURPOSES ONLY and represents general information, not personalized medical recommendations.

YOU ACKNOWLEDGE THAT: 

• We are not prescribing, recommending, or advising you to take any specific medications
• All medication decisions must be made in consultation with qualified healthcare professionals
• We are not responsible for how you obtain, use, or respond to any medications or treatments discussed
• Community members may share their experiences with various products/medications, but these are personal experiences, not medical advice
• We cannot control or take responsibility for advice given between community members

MEDICATION SAFETY WARNING: Many cessation medications have significant side effects and contraindications. You must consult with a healthcare provider before starting, stopping, or changing any medications, regardless of what is discussed in our Services or community.

Assumption of Risk

You understand and acknowledge that:

•  Nicotine withdrawal may cause temporary discomfort including irritability, cravings, and mood changes
•  Individual results vary significantly, and many people require multiple attempts to quit
•  Quitting is a personal process that requires commitment and effort
• YOU ASSUME ALL RISKS associated with using our information and participating in our programs

Consult Healthcare Professionals

We recommend that you:

• Consult with your physician if you have health concerns about quitting
• Seek medical attention if you experience any concerning symptoms
• Continue any prescribed medical treatments unless directed otherwise by your healthcare provider
• Contact a healthcare professional if you need medical support during your quit journey

Emergency Situations

IF YOU EXPERIENCE ANY OF THE FOLLOWING, SEEK IMMEDIATE MEDICAL ATTENTION: 

• Thoughts of self-harm or suicide
• Severe depression or anxiety that interferes with daily functioning
• Any serious physical symptoms you're concerned about
• Mental health crises

Our Services are not equipped to handle medical or mental health emergencies. Call 911 or you local emergency services immediately in any emergency situation. 

 

3. PAYMENT TERMS AND PROCESSING

Payment Methods and Authorization

If you elect for a payment plan, you hereby authorize the Company to automatically charge your credit card or debit card according to the payment schedule outlined in your program enrollment.

Declined Payments

If all eligible payment methods we have on file are declined for payment of your fees, you must provide a new eligible payment method promptly or your program access will be suspended. You remain legally obligated to complete all remaining payments of your payment plan regardless of any access suspension.

Chargeback Policy

We do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. In the event that a chargeback is placed on a purchase or we receive a chargeback threat, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could negatively impact your credit score. The information reported will include your name, email address, order date, order amount, and billing address.

 

4. PROGRAM ACCESS AND CLOSURE

Access Duration

You shall have access to program materials for the duration specified in your enrollment. Your access will automatically expire at the end of your paid period regardless of whether the program area continues to exist.

No Program Pauses

We do not allow pauses in your program access. Once your program starts, it runs continuously for the specified duration.

 

5. NO GUARANTEES OR REFUNDS

Service Delivery Guarantee

We guarantee only the delivery of Services as described in your chosen program package. We commit to providing access to the coaching, community, and educational materials outlined in your enrollment.

No Success Guarantees

WE MAKE NO GUARANTEES REGARDING YOUR SUCCESS IN QUITTING TOBACCO OR NICOTINE. Your success depends entirely on factors under your control, including:

• Your personal commitment and motivation
• Your individual health circumstances
• How you apply program materials
• Your decisions during challenging moments
• Your participation level in coaching and community
• Countless other personal and environmental factors

 

Refund Policy

WE DO NOT OFFER REFUNDS UNDER ANY CIRCUMSTANCES. This includes:

• Payment plans (you remain committed to full balance)
• Partial refunds for unused portions
• Refunds for early termination
• Refunds if you are removed for policy violations

Your enrollment represents a commitment to the full program duration and payment obligations.

 

6. INTELLECTUAL PROPERTY RIGHTS

Our Content

All content included in our Services—including text, graphics, logos, videos, audio recordings, course materials, coaching content, and software—is the exclusive property of Motivation and Mindset Studios, LLC and is protected by copyright, trademark, and other intellectual property laws.

Limited License

We grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use our Services strictly for your personal cessation efforts. You may NOT:

• Copy, distribute, or reproduce any content
• Create derivative works or competing products
• Share login credentials or program materials with others
• Record, screenshot, or redistribute any coaching sessions or content
• Use our materials for commercial purposes

 

Enhanced Restrictions

You hereby agree that any infringement of our intellectual property shall result in immediate termination of your access to all Services, and you shall not be entitled to a refund of any fees. You specifically agree that you shall NOT:

• Create any derivative work based upon our programs, methods, or materials
• Offer any competing coaching, programs, or services based upon information contained in our Services
• Use our proprietary methods, processes, or approaches in your own business or practice
• Train others using our materials or methodologies

 

User-Generated Content

By submitting testimonials, success stories, photos, or any other content to us, you grant us perpetual, worldwide, royalty-free rights to use, modify, display, and distribute such content for marketing and promotional purposes. You warrant that you own all rights to submitted content.

 

7. COMMUNITY GUIDELINES AND USER CONDUCT

Acceptable Use

When participating in our coaching programs, community platforms, or other interactive Services, you agree to:

• Treat all participants and staff with respect
• Share constructively and supportively
• Follow all posted community guidelines

 

CONFIDENTIALITY WARNING: We cannot guarantee the confidentiality of information shared in our community or group settings. This is not a medical or therapeutic environment with professional confidentiality protections. Share only what you are comfortable having others know.

Prohibited Conduct

You may NOT:

• Harass, abuse, threaten, or intimidate other users or staff
• Share illegal content or promote illegal activities
• Spam, advertise, or promote competing services
• Share personal contact information publicly
• Violate any applicable laws or regulations
• Encourage relapse or undermine others' quit attempts

 

Termination Rights

We reserve the right to terminate your access to any or all Services immediately, without notice, for any violation of these Terms or disruptive behavior. Termination does not relieve you of payment obligations.

 

8. PRIVACY AND DATA PROTECTION

Privacy Limitations

You understand that information shared with us does NOT have the same privacy protections as medical or therapeutic relationships. We will handle your information according to our Privacy Policy, but we cannot guarantee absolute confidentiality.

International Users

If you access our Services from outside the United States, you are responsible for compliance with your local laws. By using our Services, you consent to the transfer and processing of your information in the United States.

 

9. LIMITATION OF LIABILITY

Maximum Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID FOR SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM. 

Excluded Damages

WE SHALL NOT BE LIABLE FOR ANY: 

• Indirect, incidental, special, consequential, or punitive damages
• Lost profits, revenue, or business opportunities
• Emotional distress or mental anguish
• Medical expenses or health complications
• Relapse or continued tobacco/nicotine use
• Withdrawal symptoms or related health issues

 

Health-Related Disclaimers

WE SPECIFICALLY DISCLAIM LIABILITY FOR: 

•  Any health complications arising from cessation attempts
•  Withdrawal symptoms or their severity/duration
•  Interactions between cessation and medications/health conditions
•  Mental health impacts of nicotine withdrawal
•  Any decision to quit or continue tobacco/nicotine use
• Any medications, treatments, or products discussed in our Services or community 
• How you obtain, use, or respond to any medications or treatments 
• Advice or recommendations shared between community members 

 

10. ARBITRATION AND DISPUTE RESOLUTION

Binding Arbitration

YOU AGREE THAT ANY DISPUTE ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL BE RESOLVED THROUGH BINDING ARBITRATION in Blacksburg, Virginia, under the rules of the American Arbitration Association.

Class Action Waiver

YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS OR CLASS ARBITRATIONS. All disputes must be resolved on an individual basis.

Costs

You agree to bear all costs associated with initiating and administering arbitration proceedings.

 

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Motivation and Mindset Studios, LLC, its officers, employees, and agents from any claims, damages, losses, or expenses (including attorney fees) arising from:

• Your use of our Services
• Your violation of these Terms
• Your violation of any third party's rights
• Any content you submit to us
• Any health complications or withdrawal symptoms you experience

 

12. GENERAL PROVISIONS

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Always Be Quitting regarding our Services.

Modifications

We reserve the right to modify these Terms at any time. Changes become effective immediately upon posting. Your continued use of Services constitutes acceptance of modified Terms.

Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.

Governing Law

These Terms are governed by the laws of Virginia, without regard to conflict of law principles.

No Professional Relationship

No doctor-patient, therapist-client, or other professional relationship is created through our Services.

CONTACT INFORMATION

Motivation and Mindset Studios, LLC
d/b/a Always Be Quitting
Email: [email protected]

ACKNOWLEDGMENT: By using Always Be Quitting Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

 Last Updated: 8-16-2025