Calorie Inc Terms of Service
1. This Agreement
Your use of our website constitutes your agreement to our Terms & Conditions as will follow. Please check back occasionally for changes, as we reserve the right to change or modify these Terms & Conditions at any time.
2. Privacy and Confidentiality
2.1 Privacy
We take your privacy and security seriously -- they are our highest priority. Your participation in our program and use of our website acknowledges that Calorie Inc will keep all information exchanged before, during and after the program sessions in strict confidentiality. Additionally, you are aware that Calorie Inc is prohibited from disclosing protected healthcare information, except upon written authorization by you. For more information, please refer to our privacy policy.
2.2 Password and User Security
We exercise great care in providing secure transmission of your information from your computer to the servers. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or through our Services, and you do so at your own risk.
Once we receive your transmission, we make our best effort to ensure its security on our systems. We use industry-standard, SSL (secure socket layer) certificate to encrypt the e-commerce transactions and your personal pages when credit card information is transmitted.
Passwords will be stored in an encrypted format on the database. Only those who have your username and password can access your account information. You are entirely responsible for any and all activities which occur under your user account, and therefore,we strongly recommend that you maintain secrecy of your passwords and do not share them with anyone. Please be sure to log out and close your browser when you are finished your work, especially when using a public computer. Doing so will prevent others from accessing your personal information.
2.3 Online commentary and notes
Your console and all communications are kept private and secure. They will only be seen by you and your consultant. No other client has access to your console, as you will not have access to theirs.
3. Copyright protection
The site as a whole is protected by copyright. All trademarks and other intellectual property on this site are owned by Calorie Inc.
The Contents of our site, and the entire site, are intended solely for personal, noncommercial use by the users of our site. You have permission to print the contents or downloaded materials displayed on the site for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading, copying or program participation. You may not reproduce (except to print, as noted above), publish, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the contents, the site, or any related software.
4.Health Disclaimer
Calorie Inc encourages you to continue to visit and to be treated by your healthcare professionals, including, without limitation, a physician. You understand that Calorie Inc is not acting in the capacity of a doctor, licensed dietician, nutritionist, psychologist or other licensed or registered professional. Accordingly, you understand that Calorie Inc is not providing health care, medical or nutrition therapy services and will not diagnose, treat or cure in any manner whatsoever any disease, condition or other physical or mental ailment of the human body.
You have chosen to work with Calorie Inc and understand that the information received in our program is intended for food and weight loss management, and should not be seen as medical or nursing advice, and is not meant to take the place of your seeing licensed health professionals.
You acknowledge that you will take full responsibility for your life and well-being, as well as the lives and well-being of your family and children (where applicable), and all decisions made during and after this program.
If there is any change in your medical condition, please notify your consultant immediately.
5. Payment and charges
5.1 Services
You shall pay Calorie Inc any applicable charges and rates as stated on the Calorie Inc Website in connection with your purchase and use of the services.
5.2 Changes of Charges
Calorie Inc may change the program rates at any time. However, once enrolled in a program, you will not be required to make additional payments to meet the difference should the rates increase. Nor will you receive credits when prices are reduced during promotions.
5.3 Recurring Billing
If you have signed up for our Online Breakthrough Program, your credit card will be charged each month at the price you signed up for. We do not, however, store your credit card information. To cancel recurring billing, there is a three month minimum enrollment and we require a minimum of 30 days cancellation notice via email.
5.4 Refund Policy
We want you to be satisfied with your purchase. If you have followed the program as it was designed (i.e. followed the instructions, participated in the communications with your consultant, responded to all progress forms) and you are unhappy with your services, we will gladly refund you 100% of your payment minus a $59 cancellation fee.In the event of your absence, you will remain fully responsible for the cost of the entire program without refund.
6. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CALORIE INC AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL PUNITIVE OR EXEMPLARY DAMAGES OR ANY OTHER DAMAGES WHATSOEVER ARISING FROM YOUR USE OF OUR SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OUR SITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR HEALTH-RELATED ISSUES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF CALORIE INC HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CALORIE INC'S AND ITS VENDORS' LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE.
7. Indemnification
You expressly assume the risks of the Program, whether or not such risks were created or exacerbated by Calorie Inc. You agree to indemnify, defend and hold Calorie Inc and its affiliates and our and their officers, directors, employees, shareholders, agents and representatives harmless from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of this website or our services, your violation of these Terms & Conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON YOU CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO CALORIE INC. THE RIGHTS SET FORTH HEREIN.
Last updated: October 21, 2011