The not another diet LLC Service (“Agreement”)
Please read these Terms of Service (“Agreement”, “Terms of Service”) carefully before using thecircuitsalessysystem.com (“the Site”) operated by not another diet llc (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at notanotherdiet.co.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.
Intellectual Property
The Site and its original content, features, and functionality are owned by not another diet LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Termination
We may terminate your access to the Site without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Links To Other Sites
Our Site may contain links to third-party sites that are not owned or controlled by not another diet llc
not another diet LLCÂ has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.
Governing Law
This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of the U.S., without giving effect to any principles of conflicts of law.
Changes To This Agreement
At our sole discretion, we reserve the right to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
Terms and Conditions for the not another diet–weight loss for life program
TERMS AND CONDITIONS
Please READ carefully, as this pertains to the Agreement of your registration with any of the products sold (sometimes referred to as Program) by not another diet LLC (sometimes referred to as “Company”).
By purchasing our products, you (sometimes referred to as “Client”) agree to the following terms stated.
PROGRAM
not another diet LLCÂ agrees to provide course content, identified as an online course aid, to help Clients learn how to live healthfully in order to achieve and keep a healthy weight. Client agrees to abide by all policies and procedures outlined in this Agreement as a condition of their participation in any of our programs.
LIFETIME ACCESS
not another diet LLC offers lifetime access to weight loss for life and COOK!. Lifetime access refers to the business's life and not your natural life. Of course, we hope they run concurrently. Lifetime access is offered for the course, not the community feature.
ACCESS TO AN ACCOUNTABILITY POD
Access cannot be guaranteed. Every effort will be made to place you in an accountability pod that matches your schedule and availability, but this depends on who is in the Program when you're working through the content and the limitations of your own schedule.
DISCLAIMER
The client understands not another diet LLC and the Weight Loss For Life program is not an employee, agent, lawyer, doctor, manager, therapist, registered dietician, psychotherapist, or accountant. The client understands their participation in this program will not treat or diagnose any disease, illness, or ailment, and if they should experience any such issues, they should see their registered physician or other practitioners as determined by their own judgment.
Client understands that neither not another diet LLC, nor Rebecca Thomas, has promised, nor shall be obligated to, the following:
(1) Guaranteed weight loss.
(2)Â Therapeutic work around past trauma or other weight-related issues.
(3) Direct advice on household issues, relationship conflict, how to handle your children or workplace negotiations.
FINANCIAL OBLIGATION
The Client is responsible for completing all payment plans associated with the products they purchase. We reserve the right to seek recovery of any monies remaining unpaid.
METHODS OF PAYMENT
We accept Visa, Mastercard, and American Express as a form of payment. If the Client chooses to pay in monthly installments, he/she authorizes the monthly charge for the product on the Client`s credit card or debit card.
REFUNDS
We DO NOT offer refunds on our weight loss for life program.
We offer a 14-day window refund for COOK! You can request a refund here. Please allow 24 hours for a response and 10 days for the refund to show up in your account.
Please note:Â If you opted for a payment plan, you are required by law to complete your payment plan. We reserve the right to seek recovery of any monies remaining unpaid.
CONFIDENTIALITY
not another diet LLC respects Clients’ privacy and insists that the Client respects ours as well. Thus, consider this a mutual non-disclosure Agreement. Any confidential information shared by not another diet LLC Participants or any representative of not another diet LLC is confidential, proprietary, and belongs solely and exclusively to the Client or representative who discloses it. Parties agree not to disclose, reveal, or make use of any confidential information or any transactions during discussions, in the forum, or otherwise.
Client agrees not to use such confidential information in any manner other than in discussion with other Clients or Rebecca during the respective program. Confidential information includes but is not limited to, information disclosed in connection with this Agreement and shall not include information rightfully obtained from a third party.
Both Parties will keep private information in the strictest confidence and shall use their best efforts to safeguard the confidential information and to protect it against disclosure, misuse, espionage, loss, and theft.
Client agrees not to violate the Publicity or Privacy Rights belonging to not another diet LLC. Furthermore, Client will NOT reveal any information to a third party obtained in connection with this Agreement or our direct or indirect dealings with Client, including but not limited to names, email addresses, third-party company titles or positions, phone numbers, or postal addresses. Additionally, the Client will not, at any time, either directly or indirectly, disclose confidential information to any third party.
By purchasing our products, you agree that if you violate or display any likelihood of violating this Agreement, not another diet LLC and/or the other program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
CLIENTÂ RESPONSIBILITY
Products developed by not another diet LLC are for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from products developed by not another diet LLC and makes no representations, warranties, or guarantees verbally or in writing. Client understands that because of the nature of products developed by not another diet LLC and their extent, the results experienced by each Client may significantly vary. Client acknowledges that, as with any health improvement endeavor, there is no guarantee that Client will reach their goals as a result of participation in products developed b not another diet LLC program education and information are intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. not another diet LLC assumes no responsibility for errors or omissions that may appear in any program materials.
MISCELLANEOUS
LIMITATION OF LIABILITY
The lient agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (sometimes referred to as “Releasees”) from any and all damages that may result from any claims arising from any Agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. not another diet llc assumes no responsibility for errors or omissions that may appear in any of the program materials.
NON-DISPARAGEMENT
The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, affiliates, subsidiaries, employees, agents or representatives.
INDEMNIFICATION
Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of Client’s payment for the right to participate in not another diet LLC Programs, the undersigned, your heirs, executors, administrators, successors, and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge not another diet LLC and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (sometimes referred to as “Releasees”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs.
NO TRANSFER OF INTELLECTUAL PROPERTY
Company’s Programs are copyrighted, and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of not another diet LLC. No license to sell or distribute Company’s materials is granted or implied. By purchasing this product, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s Agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel performs hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.
FORCE MAJEURE
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
SEVERABILITY/WAIVER
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
ASSIGNMENT
Client may not assign this Agreement without express written consent of Company.
MODIFICATION
Company may modify terms of this Agreement at any time. All modifications shall be posted on the Program’s website and purchasers shall be notified.
TERMINATION
Company is committed to providing all Clients in the Program with a positive Program experience. By purchasing this product, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other Participants in the Program or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.
RESOLUTION OF DISPUTES
If not resolved first by good-faith negotiation between the Parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The Parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.
EQUITABLE RELIEF
In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
NOTICES
Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: contact[at]thecircuitsalessystem[dot]com. This Agreement shall be binding upon and inure to the benefit of the Parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance. This Agreement constitutes and contains the entire Agreement between the Parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, Agreements and understandings between them relating to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America.
WEIGHT LOSSÂ DISCLAIMER:
Every effort has been made to accurately represent our products and their potential. Our testimonials represent a wide variety of experiences. It's absolutely possible to begin losing weight during the program or many months after when you've dialed in your system. Each body and life is different, and we cannot be held accountable for what you choose to change (or keep) nor for your weight loss history may take some time to heal past damage. We strongly recommend getting a physical to begin this program so that you can discuss any issue with a trusted practitioner.
