TERMS AND CONDITIONS
Throughout these terms, the collective content from the Website, Program, and Program Materials will be referred to as “Company Content.”
On the Website, you may enroll in an ongoing program in the Keto Girl Nutritionist Program, which is delivered electronically (“Program”).
To purchase the Program, you will complete the purchase, which includes payment of a minimum of the initial time commitment, and create your Program profile in order to access the materials. You will be in accordance with the program you selected. Program may be cancelled at any time; however, no refunds will be authorized after fees have been charged. To avoid incurring additional fees, you must cancel your prior to the next billing date. To cancel or change program level, you may either a) cancel through your Program profile or b) email firstname.lastname@example.org. Your access to the Program will be disabled at the expiration of the period for which you have already paid.
No refunds are available for the Program.
Program may be canceled at any time. Upon cancellation, your program account will be disabled at the expiration of the period for which you have already paid. You may avoid incurring additional fees by cancelling your Program prior to the billing date.
TECH SUPPORT OR CUSTOMER SERVICE INQUIRIES
If you encounter any issues when using the Program, please contact customer service at email@example.com.
LICENSE FOR USE OF PROGRAM MATERIALS
As an active member of the Program, you will receive access to exclusive Program content (“Program Materials”). All Program Materials were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission from written Company, except as stated herein.
If you would like to request to use certain Program Materials, please email firstname.lastname@example.org. Until an authorization is received, you agree that
you will not use the Program Materials in any way not provided in these Terms.
Please note that your purchase of the Program is for one individual. Sharing logins so that multiple people may access the Program or Program Materials is strictly prohibited.
You understand and agree that there is no guarantee that you will see positive results using the techniques and materials provided in the Company Content.
Company assumes no management responsibility for your decisions or practices that you implement based on the Company Content. Company makes no guarantee about your future success based on your participation in the Program.
Company disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided in the Company Content.
All information provided regarding nutrition in the Company Content is intended to be used for informational purposes only. Company Content related to nutrition is not medical advice nor is it intended to replace medical advice. The Company Content is not intended to diagnose, prescribe, or treat any disease, condition, illness, or injury. Before beginning any diet program, modifying your diet, including following the nutrition information available in the Company Content, you should seek advice from a licensed professional.
Company is not responsible for any liability, loss, or damage, caused or alleged to be caused directly or indirectly as a result of the use, application, or interpretation of the nutrition information available in the Company Content.
The Food and Drug Administration has not evaluated the statements contained in any information in the Company Content. Individual results may vary.
You understand that any changes to your diet or fitness regimens, including changes to food or use of dietary supplements, carries a risk. If you implement changes based upon any Company Content, you are doing this at your risk and you do so with full knowledge and acceptance of such risks.
NO MEDICAL ADVICE IN THE COMPANY CONTENT
You understand and agree that Company may provide dietary, nutrition, wellness, and general healthy living information in the Company Content. If you enroll in the Program, Company will act only as a facilitator, which will serve to guide and mentor you. You understand that Company does not provide:
• Medical assessment or consultation;
• Medical advice or medical treatment;
• Medical nutrition therapy or the practice of dietetics;
• Counseling; or,
• Psychotherapy or psychoanalysis.
You understand that you must seek such services from the appropriate licensed provider. You understand that it is your responsibility to discuss all changes to your diet or potential dietary supplement use with your medical provider prior to making any changes.
YOUR RESPONSIBILITY IN USING THE COMPANY CONTENT
The Company Content was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided in the Company Content. Company makes no representations, warranties, or guarantees. You understand that results may vary from person to person. Company assumes no responsibility for errors or omissions that may appear in the Company Content.
USE OF THE WEBSITE
Unless it is specifically and expressly made available for such purpose, the following uses are not permitted:
• Republication, redistribution, sale, rental, or sub-licensing of content from the Company Content;
• Reproduction or duplication of any content on the Company Content for commercial purposes;
• Modification of any content in the Company Content;
From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of Company’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels only, with full credit to Company.
PROHIBITED USES OF THE WEBSITE
You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to, scraping, data mining, data extraction, or data
harvesting on or in relation to the Website without Company’s express written permission.
You must not use the Website to transmit or send any unsolicited commercial communications, including, but not limited to, spam comments. You must not use
the Website for any third-party marketing without Company’s express written permission.
Unless otherwise noted, the design, content, and all components of the Company Content are copyrights owned by Company or third parties and are protected by
United States and international copyright laws and should not be reused or republished without express written permission.
From time to time, the Company Content will legally utilize copyrights owned by third parties. These copyrights are the respective property of their owners and
Company makes no claim of ownership.
Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner likely to cause confusion
among consumers, or in any manner that disparages or discredits Company or its owners.
From time to time, the Company Content will legally utilize trademarks owned by third parties. These trademarks are the respective property of their owners and
Company makes no claim of ownership.
CONTENT CONTRIBUTED TO THE WEBSITE
In limited circumstances, you may contribute content to the Company Content, including, but not limited to, suggestions, notes, comments, posts, or submissions. Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you, Company, or a third party.
Company reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Company’s servers; or, (iii) hosted or published on the
Company Content. Company takes no responsibility and assumes no liability for any content posted by you or any third party.
GRANT OF RIGHTS
You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute any content you contribute to the Company Content. This includes, but is not limited to, text, images, audio material, comments, video material, and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights.
In the event that you contribute any comments or suggestions regarding the Company Content to Company, including, but not limited to, notes, text, drawings,
images, designs, or computer programs, such submissions shall become, and shall remain, the sole property of Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
The Website offers the option for you to leave comments, engaging with the Website’s posts. The following types of comments will not be tolerated and will be
• harassment directed toward any content creator or Company;
• hate speech;
• defamatory statements regarding Company or any third party;
• references to illegal acts; or,
• comments that may violate the legal rights of a third party.
Company’s sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.
The Website offers a Program platform, which includes a community, where content may be contributed or uploaded. The following types of contributions will not be tolerated and will be deleted:
• harassment directed toward any content creator or Company;
• hate speech;
• defamatory statements regarding Company or any third party;
• references to illegal acts; or,
• contributions that may violate the legal rights of a third party.
Company’s sole discretion will be used to determine if a member is in violation of these policies. Any member in violation will be deleted promptly and will no longer be able to access the Program area of the Website. No refund will be due to a member who has been removed for a violation of this policy.
From time to time, the Website may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.
Priscilla Swahn LLC is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and link to Amazon.com.
If you send Company an email, register to use the Website, or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.
The Company Content may contain links to third-party websites that are not governed or controlled by Company. You represent and warrant that you have read
Prior to engaging in any events or commercial transactions with any third parties discovered through or linked in the Company Content, you must complete any
necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked in the
Company Content, you expressly hold Company harmless from any and all liability in any dispute.
The Website and all Company Content is provided on an “as is” and “as available” basis without any representations or warranties, express or implied. Company makes no representations or warranties in relation to the Website, Company Content, or the information and materials provided therein.
Company makes no warranty the Website or Company Content will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or
represents the full functionality, accuracy, and reliability of the Website. Company is not responsible to you for the loss of any content or material uploaded or
transmitted through the Website. The Website and Company Content are written in English and makes no warranty regarding translation or interpretation of content in any language.
COMPANY HEREBY DISCLAIMS, ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE AND COMPANY CONTENT, ALONG WITH ANY ANCILLARY SERVICE, ARE BEING PROVIDED “AS IS,” WITHOUT ANY TYPE OF WARRANTY WHATSOEVER. IF YOU ARE A CALIFORNIA RESIDENT, BY ACCEPTING THIS AGREEMENT YOU ARE WAIVING CALIFORNIA CIVIL CODE SECTION 1542 WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HER SETTLEMENT WITH THE DEBTOR.”
LIMITATION OF LIABILITY
COMPANY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers, and agents harmless from and against any and all
excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.
WHAT INFORMATION DO WE COLLECT AND HOW IS IT USED?
- Information You Voluntarily Submit to the Website: We may collect personal information from you such as your name or email address. For example, you may voluntarily submit information to the Website by leaving a comment, subscribing to a newsletter, or submitting a contact form. In addition, we may ask you to create a user profile, which would allow you to create a username and password. We will store the username, but your password will not be visible in our records.
- Information We Collect from Others: We may receive information about you from other sources. For example, if you use a third-party software through the site, they may transfer information to us for fulfillment.
- Automatically-Collected Information: We automatically collect certain information about you and the device with which you access the Website. For example, when you use the Website, we will log your IP address, operating system type, browser type, referring website, pages you viewed, and the dates/times when you accessed the Website. We may also collect information about actions you take when using the Website, such as links clicked.
- Cookies: We may log information using cookies, which are small data files stored on your browser by the Website. We may use both session cookies, which expire when you close your browser, and persistent cookies, which stay on your browser until deleted, to provide you with a more personalized experience on the Website.
HOW YOUR INFORMATION MAY BE USED
We may use the information collected in the following ways:
- To operate and maintain the Website;
- To create your account, identify you as a user of the Website, and customize the Website for your account;
- To send you promotional information, such as newsletters. Each email promotion will provide information on how to opt-out of future mailings;
- To send you administrative communications, such as administrative emails, confirmation emails, technical notices, updates on policies, or security alerts;
- To respond to your comments or inquiries;
- To provide you with user support;
- To track and measure advertising on the Website;
- To process payment for purchases you make through the Website; or,
- To protect, investigate, and deter against unauthorized or illegal activity.
THIRD-PARTY USE OF PERSONAL INFORMATION
We may share your information with third parties when you explicitly authorize us to share your information.
Additionally, the Website may use third-party service providers to service various aspects of the Website. Each third-party service provider’s use of your personal information is dictated by their respective privacy policies. The Website currently uses the following third-party service providers:
- Google Analytics – this service tracks Website usage and provides information such as referring websites and user actions on the Website. Google Analytics may capture your IP address, but no other personal information is captured by Google Analytics.
- ConvertKit – this service is used for delivery of email updates and newsletters. We store your name and email address for purposes of delivering such communications.
- GetHealthie– this service is used to host and serve our program platform, which stores the information you enter at the time of enrollment into the program. This is not shared with any third parties as a result of your enrollment. At no time is your banking information passed to the Website. We receive only information used for order fulfillment.
At this time, your personal information is not shared with any other third-party applications. This list may be amended from time to time in the Website’s sole discretion.
Except when required by law, we will not sell, distribute, or reveal your email addresses or other personal information without your consent; however, we may disclose or transfer personal information collected through the Website to third parties who acquire all or a portion of our business, which may be the result of a merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.
From time to time, we may use anonymous data, which does not identify you alone, or when combined with data from other parties. This type of anonymous data may be provided to other parties for marketing, advertising, or other uses. Examples of this anonymous data may include analytics or information collected from cookies.
PUBLICLY VISIBLE INFORMATION
If you create a user profile on the Website or leave a comment, certain information may be publicly visible.
Users may, at any time, prevent the setting of cookies, by the Website, by using a corresponding setting of your internet browser and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. However, if users deactivate the setting of cookies in your Internet browser, not all functions of our Website may be entirely usable.
On the Website, you may subscribe to our newsletter, which may be used for advertising purposes. All newsletters sent may contain tracking pixels. The pixel is embedded in emails and allows an analysis of the success of online marketing campaigns. Because of these tracking pixels, we may see if and when you open an email and which links within the email you click. Also, this allows the Website to adapt the content of future newsletters to the interests of the user. This behavior will not be passed on to third parties.
GDPR – RIGHTS RELATED TO YOUR PERSONAL INFORMATION
If you are within the European Union, you are entitled to certain information and have certain rights under the General Data Protection Regulation (“GDPR”). Throughout this policy, we have disclosed what information we collect and how it is used. Under GDPR, you also have the following rights:
Right to Opt-out – You may opt-out of future email communications by following the unsubscribe links in our emails. You may also contact us at the email below to be removed from our mailing list.
Right to Access – You may access the personal information we have about you by submitting a request.
Right to Amend – You may contact us to amend or update your personal information.
Right to Be Forgotten – In certain situations, you may request that we erase or forget your personal data.
You may exercise any of these rights by emailing email@example.com
Please note that we may need to retain certain information for record keeping purposes or to complete transactions, or when required by law. Unless you exercise such rights, we reserve the right to retain your data.
NEVADA PRIVACY OF INFORMATION COLLECTED ON THE INTERNET FROM CONSUMERS ACT
Pursuant to the Nevada Privacy of Information Collected on the Internet from Consumers Act (“NPICICA”), Nevada residents may opt out of the sale of any personal information. As described above, your personal information may be shared with third-party service providers/operators in order to fulfill purchased products or to communicate with you. We do not sell (which is defined in the NPICICA as “the exchange of covered information for monetary consideration by the operator to a person for the person to license or sell the covered information to additional persons”) your covered information, which includes
SENSITIVE PERSONAL INFORMATION
The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact us immediately at firstname.lastname@example.org and we will use our best efforts to promptly remove such information from our records.