Terms and Conditions
Please read these Terms carefully. We reserve the right to change the Terms from time to time, and by using any of our Programs, Products, or Services, you are agreeing to the Terms as they appear, whether you have read them or not. If at any time you do not agree with these terms, please do not use our Programs, Products or Services.
Our Programs, Products and Services are owned and operated by Heather Lynn Darby and xlnt Nutrition and Fitness ("Company", "we", or "us"). The term "you" refers to the user or viewer of our website.
Use and Consent
All of our Programs, Products and Services are intended solely for users who are 18 years of age or older. Any registration by, use or access to any Program, Product or Service or our Website by anyone under 18 is unauthorized and in violation of these Terms. By accessing or using our Programs, Products or Services or our Website, you represent and warrant that you are 18 years or older.
We try to ensure that our Programs, Products and Service availability is uninterrupted and that our Website, private Facebook group pages, email communication, and Program materials, livestreams and/or audio or video recordings, as applicable, will be error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or the introduction of new services. Neither we nor any third party provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose.
Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information and materials may contain inaccuracies or errors, and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.
Additionally, we are not responsible for the views, opinions, or accuracy of facts provided by external resources referenced in our Programs, Products or Services or in any of our courses, classes, or materials. We assume no responsibility for errors or omissions in the Program, Product or Service you are using, or in documents referenced by or linked to by the Program, Product or Service.
We take every precaution to protect our users' information. When users submit sensitive information via the Program, Product or Service, all information is protected both online and offline.
However, due to the nature of the Internet, we cannot completely ensure or warrant the security of any information transmitted to us or through our services. Submitting information is done at your own risk.
We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
Intellectual Property Rights
Our Limited License to You. Our Programs, Products and Services and all the materials available through it are our property and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.
The content in our Programs, Products and Services is solely owned by us or licensed to us, unless otherwise indicated. This material includes, but is not limited to the design, layout, look, appearance, graphics, downloadable information products, and our program or service materials. Reproduction is prohibited other that in accordance with the copyright notice, which forms part of these Terms.
If you purchase or access any of our materials through our Programs, Products or Services, you will be considered our Licensee. For the avoidance of doubt, all content obtained through us is our property, and you are granted a revocable, non-transferable license for personal use pursuant to these Terms, limited to you only.
You are being granted a limited license to use our Programs, Products or Services, however, you may not use them or this Website in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.
Any trademarks, taglines, and logos displayed on the Program, Product or Service materials are trademarks belonging to us. All trademarks reproduced in this Website which are not the property of, or licensed to us, are acknowledged on the Website. Any use including framing, meta tags or other text utilizing these trademarks or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.
Information You are Prohibited from Sharing with Others
As a Licensee, you understand and acknowledge that the information obtained on or through our Program, Product or Service has been created, developed or obtained by us through the investment of significant time, effort, and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and unauthorized use.
When you enroll in or purchase this Program, Product or Service, including any downloadable files, you expressly agree that you will not steal our content or share it with any other person without our express written permission.
You agree that you are clearly and expressly forbidden from doing the following:
- You may not duplicate, share, trade or sell any information obtained in or through our Programs or Services with any other Health or Wellness Professional for their personal, commercial or business use. This is considered theft and we retain the right to prosecute theft to the full extent of the law.
- Unauthorized use of our Programs, Products or Services or this Website may give rise to a claim for damages and/or be a criminal offense. Unless otherwise explicitly authorized in these Terms, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium for commercial use, to any other health or wellness professional in a way that earns them money.
All rights not expressly granted in these terms or any express written license are reserved by us.
Your License to Us.
By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us through the Program, Product or Service, our Website, or private Facebook group page, you are representing: (i) that you are the owner of the material; and (ii) that you are eighteen (18) years of age or older.
In addition, when you submit or post any material in any way affiliated with our Program, Product or Service, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant includes the right to exploit any proprietary rights in such posting of submission, including, but not limited to your right under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
By participating in our Programs, Products and Services, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice, and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and/or audio recordings and/or any other materials submitted by you to us in connection with your participation in our Program, Product or Service in our current or future Programs, Products or Services, and/or our marketing or promotional efforts, without compensation to you, now or at any time in the future.
Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author or any of your postings or submissions by name, email address, or screen name, as we deem appropriate.
You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time, for any reason whatsoever.
As a Licensee, you agree that you are using your own judgment in using the information provided on and through this Product or Service, which is done at your own risk. You also agree to our full Disclaimer on our Website.
Your use of any information or materials through our Programs, Products or Services accessible on or through this Website or otherwise is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to discern the risks of using any of our Programs, Products or Services. You assume responsibility for your choices, actions, use or nonuse of any of the information in our Programs, Products or Services, and you acknowledge that you are using, or not using, a Program, Product or Service at your own risk.
We explicitly state that the information you provided to you in our Programs, Products or Services are not diagnosing or treating a physical or mental health problem or disease, or prescribing medication, or other treatment in any way whatsoever. We are not, and we are not holding ourselves as a doctor, medical health practitioner, psychologist, therapist, licensed nutritionist, registered dietician, or religious clergy member, and we make no claims in this regard.
Nothing contained in the Programs, Products or Service is intended to be a substitute for the medical diagnosis or treatment that can be provided by your physician, mental health provider, or another qualified health care professional. You always should seek the advice of your physician, mental health provider, or another qualified health care provider regarding any specific medical condition pertaining to you.
You acknowledge that we have not and do not make any representations as to the physical, mental, emotional, and spiritual or health benefits that may be derived as a result of your participation in this Programs, Products or Service.
We cannot and do not guarantee that you will attain a particular result, and you accept and understand that results differ for each individual.
THE INFORMATION IN THE PROGRAMS, PRODUCTS AND SERVICES OFFERED ON OR THORUGH OUR WEBSITE AND ANY THIRD-PARTY WEBSITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND WITHER EXPRESSED OR IMPLIED. WE MAKE NO WARRANTY OF ANY KIND EXPRESSED OR IMPLIED AS TO THE ACCURACY COMPLETENESS OR APPROPRIATENESS OF OUR PROGRAM PRODUCT OR SERVICE FOR ANY PURPOSE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE PROGRAM, PRODUCT OR SERVICE OF ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS PROGRAM, PRODUCT OR SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PROGRAM, PRODUCT OR SERVICE MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you in connection with this Programs, Products or Service, including by your use or inability to use any information obtained on or through the Programs, Products or Service, any websites linked thereto, and/or any material posted on the Website, Private Facebook group page, or in any other way through the Programs, Products or Service by us or by others, including without limitation any liability for any accidents, delays, injuries, loss, damage, death, lost profits, persona or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.
Limitation of Liability
Under no circumstances, including but not limited to negligence, shall anyone related to our Company or an subsidiary and parent companies or affiliates, included by not limited to our interest holders, directors, officers, staff, employees, affiliates, successors, transferees, assignees, or licensees, and their respective parent or subsidiary companies, agents, associates, directors, officers, interest holders or employees, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Programs, Products or Service, including its materials or third-party materials made available through the Programs, Products or Service, even if we are advised beforehand of the possibility of such damages.
You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Programs, Products or Service participant or user, including but not limited to you.
You agree at all times to defend, indemnify and hold harmless the Company, our interest holders, directors, officers, employees, affiliates, successors, transferees, assignees, or licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, interest holders and employees of each from and against accidents, delays, injuries, harm. loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue and any and all claims, causes or action, damages, liabilities, costs and expenses, arising out of or related to our Programs, Products or Services as experienced by you, anyone affiliated in any way with your business, and/or your breach of any obligation, warranty, representation or covenant set forth in these Terms.
These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trial, and limited the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using any of our Programs, Products or Services that you are waiving certain legal rights and you are voluntarily agreeing to do so.
Links to External Websites or Use of Social Media
You should exercise caution and look at the privacy statement of the website of social media sites you are visiting or using. Use of external links to other sites or social media does not signify that we endorse them. We bear no responsibility for the content of the linked websites or social media websites.
We accept no liability for any of the views, facts, opinions, or referenced in the Program, Product or Service whatsoever. Information posted on this Website related to this Program, Product or Service or linked to a third party website, may express a perspective which may or may not necessarily reflect our views.
You must not use our Program, Product or Service, or any aspect related to it, in any way that causes or is likely to cause access to it to be interrupted, damaged or impaired in any way and you must use it for lawful purposes only. You understand that you are solely responsible for all electronic communications and content sent from you computer to us by you. You may not use our Program, Product or Service, or any aspect related to it, in any of the following ways:
- for any fraudulent purposes or in connection with a criminal offense or to otherwise carry out any unlawful activity
- to send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, abusive, threatening, defamatory, objectionable, invasive of privacy, in breach of confidence, infringing on any intellectual property rights, or is otherwise injurious to third parties, or which consists of or contains software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letter, mass mailings, or any spam.
- to cause annoyance, inconvenience or needless anxiety to anyone or anything
- to impersonate any third party or otherwise mislead as to the origin of your content
- to reproduce, duplicate, copy or resell any of our content in contravention with these Terms or any other agreement with us.
If by paying by credit card, through any merchant account or banking service, you give us permission and authorization to automatically charge your credit or debit card as payment for your Program, Product or Service, for which you will receive an electronic receipt. For any installment payment, you give us permission to automatically charge your credit or debit card at the time it is due without any additional authorization.
In the event that payment is not received by the date due, whether paying in full or by installment, you will have forty-eight (48) hours to make the payment otherwise the Program, Product or Service will not continue.
If you fail to make payment in a timely manner in accordance with these Terms or voluntarily decide to withdraw from our Program, Product or Service at any time or for any reason whatsoever, you continue to remain fully responsible for the full cost of the Program, Product or Service after the forty-eight (48) hour window to seek a refund according to the Refund Policy below.
When you Purchase this Program, Product or Service, the information provided and obtained as part of the transaction, such as your credit card number and contact information, may be collected by both the third-party merchant and by us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for the merchant's independent policies.
You agree to be financially responsible for all purchases made by you. You agree to purchase and use the Program, Product or Service for legitimate, personal or limited commercial purposes only. You also agree not to make any purchase for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service.
You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from you purchase or use of this Program, Product or Service.
You agree to only purchase this Program, Product or Service for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party's personal or financial information to us or a merchant, you represent that you have obtained his/her consent to provide such third party's personal information.
For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant's website and click on its information links or contact the merchant directly.
Your satisfaction with your Program, Product or Service is important to us. If this Program, Product or Service is not the right fit for you, we will gladly refund you 100% of your purchase price within forty-eight (48) hours of your purchase, provided that you submit an email to heathe[email protected] explaining why, and we will issue a refund of the purchase price.
If a refund is issued to you, you must cease using any of our Program, Product or Service materials immediately upon receipt of you refund. All Terms set forth herein, and all copyright, trademark, and intellectual property rights remain indefinitely, even after a refund is provided.
We reserve the right in our sole discretion to refuse or terminate your access to the Program, Product or Service and/or our Website, private Facebook group page, email communications, or any other method of communication related to the Program, Product or Service at any time without notice. Should you wish to terminate the Program, Product or Service by seeking a refund, these termination terms will apply to you as well.
In the event of a cancellation or termination, all remaining balances owed shall be immediately due, and you are no longer authorized to access the Program, Product or Service or our Website, private Facebook group page, email or any other method of communications affected by such cancellation or termination. The restrictions imposed on you with respect to material received for the Program, Product or Service and all of the disclaimers and limitations of liabilities set for the in these Terms, shall survive such termination of your access and apply in full force.
It is hoped that should we ever have any differences, we could be able to work them out amicably through a phone conversation or email correspondence. However, should a dispute ever arise between us, we agree now that we will submit to binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Any judgment on an arbitrator's award, if made, is binding and may be entered into any court having the appropriate jurisdiction. Prior to seeking arbitration, you must submit your complaint to me via email. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No award of consequential or of any other damages may be granted to you.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, designed to disparage us, our company or any of our Program, Product or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as part of the legal process.
If you have any questions about any term of these Terms, please contact us: [email protected] Thank you.
Submission Storage and Sharing of Personal Data
What we collect. We may seek personal data including your name, email address, and other contact information, namely when you purchase our Program, Product or Services. By providing such information to us, you grant us permission to use and store such information. We, in turn, will use our best efforts to keep such information safe and secure. We may collect the following information:
- contact information including email address
- demographic information such as location preferences and interests
- information relevant to customer surveys and/or offers
- Information that you provide through your Program, Product or Service participation.
If you believe that any information we are holding on your is incorrect or incomplete, please contact us as soon as possible. We will promptly correct any information found to be incorrect.
What we do with the information we gather. We request and require various personal data to understand your needs and provide you with better service. In addition, we may gather such information for the following reasons:
- internal record keeping
- to improve our Program, Product or Services
- to periodically send promotions about new Program, Product or Services or other special offers from which you may unsubscribe at any time
- for aggregate, non-identifiable data for market research purposes, and/or
- to customize the respective Program, Product or Service you purchase or use according to your interests
Storage.All information is stored through a data management system. This information can only be accessed by those who help manage that information in order to deliver email or otherwise contact those who would like to receive our correspondence. You agree and acknowledge that our Company and those who manage the data management system may have access to your personal information.
Confidentiality. All information collected by us will be held in confidentiality and will not be disclosed to third parties, except that we may disclose personal information:
- pursuant to the Terms
- if we are required to do so by law
- in the good-faith belief that such action is necessary to conformt to the edicts of the law
- to comply with legal process served on us, our partners, sponsors, investors, or affiliates
- to protect and defent our rights or property or those of our users, and/or
- to act as immediately necessary in order to protect the personal safety of our users or the public.
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required to do so by law.
Viewing by Third Parties. Note that whenever you make your personal information available for viewing by third parties through our Program, Product or Services, such as on or through our Website or the private Facebook group page, the information you share can also be seen, collected and used by third parties, and therefore we cannot be responsible for any unauthorized third-party use of such information that you voluntarily share online or in any other manner.
Like most companies, we use traffic log cookies to identify which pages are being used. This helps us to analyze data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify you browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of our Programs, Products or Services.
Passwords. To use certain features of our Programs, Products or Services, you may be issued a unique or group username and password, which you will receive through your registration and/or purchase process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account.
You are not permitted to share your username and/or password with anyone. If we learn you have shared your username and/or password with another person, we reserve the right to immediately terminate your access to the Program, Product or Service, Website and/or private Facebook group.
It is your responsibility to protect your own password from disclosure to others. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. You are responsible for activities that take palace using your password(s) and within your account. If you share your password(s) with anyone, they may be able to obtain access to your personal information at your own risk.
You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session.
By using our Programs, Products or Services, you agree to enter true and accurate information as part of the registration, purchase process and otherwise. If you enter a false email address, we have the right to immediately inactivate your account.
We will use our best efforts to keep your password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it, or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.