- PURPOSE AND USAGE OF WEBSITE AND/OR PROGRAM
The Materials on, embodied in, and/or consisting of, this Website and/or Program are provided for informational purposes only and for your personal and non-commercial use in connection with your goal of weight-loss and personal fitness. You may not reproduce, alter, distribute, republish, sell, upload, "mirror", license, create derivative works from, display, or transfer any Materials provided herein nor may you post material on this Website without our prior written permission. Moreover, you may not use these Materials if you are located in any country which prohibits the storage and/or retrieval of such data. Each user assumes the responsibility of complying with local regulations, restrictions, rules, laws, and/or otherwise before consulting or using the Materials on this Website and/or Program.
- USER PRECONDITIONS
This Website, the Program and the Materials are intended for use by healthy adult individuals, and not by minors, pregnant women, women who are breast-feeding, vegetarians, or individuals who have any medical or health condition (e.g. food allergies, bone and joint problems, cardiovascular issues). Any users of this Website, the Program and the Materials are advised to consult with their physician and medical advisors before purchasing or using any products, services or information available on this Website and/or in connection with the Materials and/or Program, and commencing the Program's weight loss regimen. Users should in any case avoid overstraining and jerky movements to reduce any health risk.
- USER OBLIGATIONS
Upon clicking the "Buy" button with respect to Program, you will be directed to the payment service provider for the payment and registration process. Upon your commencement of the Program, you shall receive the information and contents of the Program in the form of website text, video streaming, PDF documents and e-mails.
During your use of the Website, the Materials, and/or Program you agree to provide true, accurate, current and complete information about yourself and to maintain and promptly update your account information. You agree to maintain the security of your account, including the confidentiality of your password and other account information, and you are fully responsible for all activities that occur under your password or account, including all charges resulting from unauthorized use of your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.
If you provide any untrue or inaccurate information, or if we have reasonable grounds to suspect that such information is untrue or inaccurate, we may suspend or terminate your account and refuse all current and future use by you of the Website and/or Program. Your account information and certain other information about you are subject to the terms herein.
- OUR WEBSITE AND/OR PROGRAM DOES NOT PROVIDE ANY MEDICAL ADVICE
The Materials on or provided by this Website and/or Program are not intended as a substitute for the advice provided by your physician or other healthcare professional or any information contained on or in any product label or packaging. You should not use the Materials, or the information on this Website and/or Program for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. The Materials provided on this Website, your participation in the Program, and the use of any products by you in connection therewith does not create a doctor-patient or any other such relationship between you and us, or those affiliated with us, with this Website and/or Program. Any information and statements regarding diet, health, and exercise have not been evaluated by the Food and Drug Administration or any comparable regulatory body, and are not intended to diagnose, treat, cure, or prevent any disease.
We may provide you and other users of the Program, Materials, and/or Website access to an interactive online community and message board ("Community"). The Community will allow you to share your experiences with respect to the Program, Materials, and/or Website with other users in the form of text posts, comments, pictures, and/or other materials (collectively, "posts").
By accessing the Community, you assume the full risk and responsibility of your participation in the Community. You acknowledge that we are merely facilitating your access to the Community and assume no liability or responsibility for your participation therein, or for the content, accuracy, or legality of the posts or any information transmitted to or within the Community. We nevertheless reserve our right to monitor the posts in the Community, including without limitation, the right to delete posts and/or to exclude a user from the Community without prior notice.
- COPYRIGHT AND TRADEMARKS
Except where noted, we own or are authorized to use all trade names, content, trademarks, service marks, logos, and copyrights on the Website, Materials, and Program, including without limitation, "Look Great In 8 With Kelli Bonomo", "FIT BY SUMMER" and/or "LOSE IT RIGHT" and the artwork, trade dress, and "look and feel" of the Website, Materials, and/or Program. No other use of this protected material is permitted without our prior written permission and/or such other applicable copyright owners.
Our Website, Materials, Program, and our e-bulletins contain information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, and other material (collectively "Content") are protected by copyrights, trademarks, or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the copyright laws of all applicable jurisdictions, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. The composition and presentation of such Content is subject to edits, revisions, updates, alterations, modifications, restrictions, expansions, and/or other changes at any time, without notice, as determined by BC in its sole discretion.
You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. All rights to such Content, including posts in the Community, are reserved to their respective copyright owners. Except as provided in the preceding sentence or as permitted by the fair use privilege under the United States copyright laws (see e.g. 17 U.S.C. Section 107), or other applicable law, you may not upload, post, reproduce, or distribute in any way Content, including posts in the Community, protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. Any other use of the Content on the Website, Materials, Program, and/or in our e-bulletins, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited. In addition, you may not remove references to copyrights, trademarks, or other proprietary rights in connection with downloadable PDF documents available on the Website and/or Program. If you violate any of these terms, your permission to use the Content will automatically terminate and you must immediately destroy any copies you have of any portion of the Content.
The Website, Program, and/or Materials are provided for your use on an "as is," "as available" basis. We, along with our affiliates, officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors, or the like (collectively, "associates"), do not make any representations or warranties of any kind, express or implied, with respect to our Website, Program, the Materials, and/or its Content, including, without limitation, the products, services or information offered or sold on or through our Website or any other website to which our Website links or is linked, and/or the uninterrupted or error-free use of our Website.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AND EXCEPT AS PROHIBITED BY LAW, BC MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR OTHERWISE, WITH RESPECT TO ANY INFORMATION, DOCUMENTS, PHOTOGRAPHS, VIDEOS, OR OTHER MATERIALS FOUND ON THIS SITE AND/OR IN CONNECTION WITH THE PROGRAM, THE PROGRAM ITSELF, BC'S PRODUCTS, OR ARISING FROM YOUR PURCHASE OF BC'S PRODUCTS ("MATERIALS"). IN NO EVENT SHALL BC, OR ANY OF ITS PRINCIPALS, MEMBERS, OFFICERS, AGENTS, ASSOCIATES, LICENSEES, ASSIGNS AND/OR AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (EVEN IF BC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM (1) YOUR USE OF THE MATERIALS; (2) YOUR USE OR PURCHASE OF BC'S PRODUCTS, INCLUDING THE PROGRAM; (3) YOUR LOSS OF DATA (INCLUDING WITHOUT LIMITATION, DAMAGES OR INTERRUPTION TO COMPUTER SYSTEMS THROUGH OR BY VIRUSES, DEFECTS, OR OTHER SUCH CAUSES); (4) PERSONAL INJURY OR DEATH CAUSED BY YOUR USE OR MISUSE OF THE WEBSITE OR BC'S PRODUCTS; (5) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM YOUR USE OF ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THIS WEBSITE AND/OR PROGRAM; (6) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANBCSSIONS OR DATA; (7) STATEMENTS OR CONDUCT BY ANY THIRD PARTY ON THIS WEBSITE; OR, (8) ANY OTHER MATTERS RELATING TO THIS WEBSITE, THE MATERIALS, AND/OR PROGRAM.
All information contained on our Website, the Materials, and/or the Program, including information relating to medical and health conditions, products and treatments, is for informational purposes only, and not as medical advice. Such information is often presented in summary or aggregate form and is not meant to be a substitute for the advice provided by your physician or other medical professional(s) or for any information contained on or in any product packaging or labels. You should not use the information contained on the Website, the Materials, and/or the Program for the diagnosis of a health problem or the prescription of medication.
You should always consult your physician and medical advisors before purchasing or using any products, services or information available on our Website and/or in connection with the Materials and/or the Program. In addition, you should carefully read all information provided by the manufacturers of the products or in the product packaging and labels before using any product purchased from our Website. Information provided on the Website and the use of any products or services offered or purchased from our Website, Materials, and/or Program by you does not constitute a doctor-patient or any other such relationship between you and any of the individuals and/or associates affiliated with our Website, Materials, and/or Program. Any such statements have not been evaluated by the U.S. Food and Drug Administration or any similar regulatory body and are not intended to diagnose, treat, cure or prevent any disease.
Further, we explicitly disclaim any responsibility for any product or service or the accuracy, content, or availability of information found on other websites with links to or from our Website, Materials, and/or Program.
Within Seven (7) days of your date of purchase of the Program and/or any applicable physical products from us (e.g.,Video a), you may cancel the transaction by providing written notice to us, and the return to us of such physical product(s).
All physical products shall be returned, postage prepaid by you, to: Nutrition360 Inc. | 150 N. Schuyler Ave |Kankakee, IL 60901
In the event your cancellation request is deemed valid, as determined by us in our sole discretion, you shall nevertheless be required to fulfill your payment obligations, if any, up to the date of your cancellation. Our obligation to refund purchases shall be fulfilled, as applicable, within thirty (30) days of our actual receipt of any valid cancellation, and, in the case of your cancellation and return of a physical product, our receipt of the physical product at the above address with all of its packaging and labeling intact and unopened.
- LIMITATION OF LIABILITY
In accordance with paragraph 7 above, under no circumstances shall we or any other party involved in creating, producing, or distributing our Website, Materials, and/or Program be liable for any direct, indirect, incidental, special or consequential damages or loss of profits, good will, use, data, intangible losses, or otherwise (even if we have been advised of the possibility of such damages). You hereby acknowledge that this paragraph shall apply to all content, merchandise, products, and services available through our Website, Materials, and/or Program. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, liability is limited to the fullest extent permitted by law. Notwithstanding the above, our sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, Program, information or service purchased by you from us through our Website.
- PRIVACY; DATA PROTECTION
- APPLICABLE LAW; JURISDICTION AND VENUE