Terms and Conditions
TERMS AND CONDITIONS OF USE
This agreement (hereinafter, the “Agreement”) between DIET COACHING INC. (hereinafter “Diet Coaching”, “us” or “we”) and you sets forth the terms and conditions which govern your use of the website DukanDiet.com (the “Site”) and/or the online coaching program services (hereinafter the “Services”), which are provided by Diet Coaching.
“Services” means the services provided by Diet Coaching, such as fully described on the Site, and which are comprised of two independent parts:
(i) An initial three phases coaching program (the “Coaching Program”); and
(ii) An optional fourth “stabilization” phase (the “Stabilization Program”).
You will need to subscribe separately to each of the Coaching Program, and of the Stabilization Program.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE RELATING TO YOUR USE OF THE SITE AND/OR THE SERVICES CAREFULLY.
If we request, you irrevocably agree to sign a non-electronic version of this Agreement.
Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, the Site and/or our Services, except for a refund of any fees or charges prepaid by you in accordance with paragraph 4 of this Agreement.
You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us pursuant to this provision or this Agreement, or any policies or practices by us in providing this Site and/or Services, including without limitation any change in content or any change in the amount or type of fees or charges associated with the Services, is to cancel or terminate your subscription or registered user account, as applicable.
From time to time, we may supplement this Agreement with additional terms and conditions pertaining to specific content, activities or events ("Additional Terms"). Such Additional Terms may be placed on the Site to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into this Agreement.
2. Limited License: Services.
The Services, such as described on the Site are available solely after payment has been received from you. Unless otherwise specified in writing, the Services are for your personal and non-commercial use.
The Services shall contain, without limitation, E-mail services, bulletin and message boards, chat areas, news groups, forums, communities, calendars, and various other message communication applications.
3. Orders for Services: Cancellation Period: Becoming a User.
(a) There is no cost to access the Site. If you do not register as a user, you will be precluded from ordering Services, and to contribute to any “Community” feature of the Site.
(b) To order Services, you must register as a user in accordance with instructions that you will find on the Site, complete a questionnaire, and create an account. You will need to subscribe separately to each of the Coaching Program, and of the Stabilization Program. Your right to access the Services is conditional upon Diet Coaching receipt of payment.
(c) If you register as a user and order the Services, you agree to provide us with true, accurate and complete information about yourself, and to maintain and promptly update any other information you provide to us, to keep it accurate. You also allow us to share this information with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account.
You agree not to assign, transfer or sublicense your rights as a purchaser of the Services. You further agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on the Site.
4. Rates: Payment
(a) Services are invoiced as a flat rate that can be paid in one flat installment or in up to 12 monthly equal installments.
The amount invoiced will vary for each user according to his/her profile, objectives and the duration of the Services purchased.
(b) The payment in one flat installment will give the right to receive an Incentive under the form of a discount coupon to be used for other Services or Products proposed by Diet Coaching. We reserve the right, at our sole option, to modify the Incentive without notice.
(d) You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes. By providing us with your credit card number and associated payment information, you agree that we are authorized to immediately invoice your account for all fees and charges due and payable to us. In the event that we allow access to Services on the basis of multiple payments, not to exceed twelve, you agree that we may automatically invoice your account at the beginning of each recurring period.
We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the Site or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail).
If payment cannot be charged to your credit card we reserve the right to suspend or terminate your access and account.
You are also responsible for all charges and fees associated with connecting to the Site, including without limitation all telephone access lines (including long distance charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access the Services.
5. Use of Services and Prohibited activities.
You acknowledge and agree that the Site and/or Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of Diet Coaching or our content providers.
In connection with your use of the Site and/or the Services, you acknowledge and agree that you will not:
a. Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Site and/or the Services;
b. Access the Site and/or Services by any means other than through the standard industry-accepted or Diet Coaching-provided interfaces;
c. Post or transmit any material that contains a virus or corrupted data;
d. Delete any author attributions, legal notices or proprietary designations or labels;
f. Manipulate or otherwise display the Site and/or the Services by using framing or similar navigational technology;
g. Register, subscribe or unsubscribe any party for any Diet Coaching or service if you are not expressly authorized by such party to do so;
h. Use the Site and/or the Services in any manner that could damage, disable, overburden or impair Diet Coaching's servers or networks, or interfere with any other user's use and enjoyment of the Site and/or the Services;
i. Gain or attempt to gain unauthorized access to the Site, Services, accounts, computer systems or networks connected to Diet Coaching through hacking, password mining or any other means;
j. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites or harvest or otherwise collect information about other users without their consent.
In addition, you agree to comply with our Posting Guidelines below
6. Posting Guidelines: Community Standards.
Diet Coaching hosts message boards, chats and other public forums on its Site and through the Services. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. These are public forums and any information that you post on the Site or through the Services may be seen by anyone on the Internet. When posting information, use good taste when discussing sensitive topics and treat others with respect. Be fair and informative. Post honest and valuable information and don't post rumors or negative opinions that are not supported by facts.
When posting information and media on the Site and/or through the Services you must not:
a. Post or transmit any message, information, data, text, software, link, image or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene or otherwise objectionable or which may invade another person's right of privacy or publicity;
b. Upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or otherwise post content that does not belong to you;
c. Impersonate any person or entity or otherwise misrepresent your affiliation with such a person or entity;
d. Post or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation;
e. Post or upload personal information, pictures, videos or any other media of another person without their express permission;
f. Delete or revise any material posted by any other person or entity; or
g. Post or upload any content or information unless it is your own work or creation or you have acquired any necessary license, authorization or permission needed to post or upload such information or content.
Any user failing to comply with these guidelines may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. Diet Coaching or its designated agents may remove or alter any user-created content at any time for any reason. Materials posted and/or uploaded to the various public forums may be subject to size and usage limitations. You are responsible for adhering to such limitations. Diet Coaching expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties. Diet Coaching is not responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages.
Under no circumstances will Diet Coaching, its Affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Diet Coaching, or of any of its Affiliates. Diet Coaching has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums. However, you acknowledge and agree that we reserve the right to monitor the same at our sole discretion.
In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
If, at our request or on your own, you send, email, post or otherwise transmit to us or this Site any content, images, video, audio files, creative suggestions, ideas, notes, concepts, information, or other materials (collectively, the "Submissions"), you grant us and our successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the "Rights") that may exist in such Submissions. You also warrant that, to the extent you are not the exclusive holder of all Rights in a Submission, any third party holder of any Rights, including moral rights in such Submissions, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.
You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You also permit any user to access, display, view, store and reproduce any Submission that you have made available in a Community Area for personal use. A “Community Area” means any blog, personal page, group page, chat room, message board, bulletin board, or similar activity where you can communicate with other users of the Site and/or Services.
8. Parental or Guardian Permission.
Some of the Content on this Site may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS WEBSITE. We strongly recommend that children between the ages of 13 and 18 ask for their parent's or guardian's permission before viewing our Site and the Services.
10. Disclaimer regarding Links.
The links on any of the Site and/or Services will let you leave the particular Site or Service you are accessing in order to access a linked site (the "Linked Site"). Diet Coaching provides these links as a convenience, but we neither control nor endorse these Linked Sites, nor has Diet Coaching reviewed or approved the content which appears on the Linked Sites. Diet Coaching is not responsible for the legality, accuracy or inappropriate nature of any content, advertising, products or other materials on or available from any Linked Sites. You acknowledge and agree that Diet Coaching shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the Linked Sites.
11. Third Parties.
(a) Third Party Content.
Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Diet Coaching. Neither Diet Coaching nor any third-party content providers guarantee the accuracy, completeness or usefulness of any content. Furthermore, Diet Coaching neither endorses nor is responsible for the accuracy and reliability of any opinion, advice or statement made on the Site and/or Services by anyone other than an authorized representative while acting in his/her official capacity. You may be exposed through the Site or Services to content that violates our policies, is sexually explicit or is otherwise offensive. You access the Site and Services at your own risk. We take no responsibility for your exposure to third party content on the Site and/or the Services. Diet Coaching does not assume, and expressly disclaims, any obligation to obtain and include any information other than that provided to it by its third party sources.
(b) Dealings with Third Parties.
Your participation, correspondence or business dealings with any third party found on or through our Site and Services, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Diet Coaching shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
12. Passwords and Security.
If you are a registered user of this Site and/or Services, you are entirely responsible for maintaining the confidentiality of your password and user account information. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password. YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, WHICH OCCUR UNDER YOUR USER ACCOUNT. Diet Coaching will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be liable for any losses incurred by us or another party due to someone else using your account or password.
13. Sweepstakes, Contests and Games.
(a) We often include sweepstakes, contests, games and promotions on the Site. The rules, regulations and procedures governing any of the foregoing shall be accessible through a hypertext link prominently displayed on the page where the sweepstake, contest or game may be located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating.
(b) Please note that promotions when offered are not cumulative. Promotions are open to everyone to the exception of our employees and individuals, together with their families, involved in the direct or indirect design of the event.
14. Disclaimer of Warranties.
THE SITE AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITE AND SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DIET COACHING AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITE AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, (iii) THAT DEFECTS WILL BE CORRECTED, OR (iv) THAT ANY SOFTWARE, SERVICES, SITES OR SERVER(S) ON WHICH THE SERVICES AND SITE ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOUR USE OF THE SITE AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITE AND SERVICES ARE ENTIRELY AT YOUR OWN RISK.
15. Limitation of Liability.
NEITHER DIET COACHING NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITE AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITE AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITES OR THE SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITE OR THE SERVICES, OR (vii) ANY OTHER MATTER RELATING TO THE SITES AND/OR THE SERVICES.
IN NO EVENT SHALL DIET COACHING'S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], STATUTORY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SERVICES.
IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
16. Medical Advice Disclaimer.
The Dukan Diet, including the Coaching program and the Stabilization Phase, has been developed by a respected physician. However, Diet Coaching is not a medical organization and we cannot give you medical advice. We strongly urge you to consult with your physician (or primary health-care provider) before starting any weight loss plan. We also urge you to get periodic medical checkups. Medical monitoring is especially important for people with a known medical condition.
Diet Coaching offers health, fitness and nutrition related information, but is designed for non-commercial, informational purposes only.
YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DO THEY REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE SITE OR SERVICES, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE AND/OR SERVICES. THE USE OF ANY INFORMATION PROVIDED ON THE SITE AND/OR SERVICES IS SOLELY AT YOUR OWN RISK.
Developments in medical research may impact the health, fitness and nutritional topics discussed on the Site or through the Services and no assurance can be given that the information contained in this Site will always include the most recent findings or developments with respect to the particular material.
Your access or use of the Site and/or the Services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our Licensors. We do not recommend or endorse any specific tests, physicians, clinics, procedures, opinions, products or other information that may appear on the Site.
YOU ARE URGED AND ADVISED TO SEEK THE ADVICE OF A PHYSICIAN BEFORE BEGINNING ANY WEIGHT LOSS EFFORT OR REGIMEN.
This Website is intended for use only by healthy adult individuals. The Website is not intended for use by minors, pregnant women, or individuals with any type of health condition, including without limitations insulin dependent diabetes, bulimia nervosa, cardiac insufficiency, renal insufficiency, and depression. Such individuals are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or regimen.
-If you are being treated for an illness, taking prescription medication, or following a therapeutic diet to treat a disease, it's especially important to consult your physician prior to subscribing to the Services.
18. Proprietary Rights.
You acknowledge and agree that the Site and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of Diet Coaching or its licensors. You further acknowledge and agree that any content contained in advertisements or information presented to you through advertisers concerning Diet Coaching or otherwise is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, " Submission Materials") or by posting such Submission Materials on the Sites, you hereby grant to us and our designees a worldwide, non-exclusive, sub licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submission Materials in any media now known or hereafter devised, for any purpose whatsoever, commercial or otherwise, without compensation to you, the provider of the Submission Materials. The foregoing license to Diet Coaching shall be fully paid-up and royalty free. In addition, under no circumstances shall Diet Coaching have any obligation whatsoever to pay a fee to any subscriber or user in connection with the Submission Materials upon the occurrence of a transfer of all or any portion of Diet Coaching 's business through a merger, sale or transfer of all or substantially all of the assets of Diet Coaching, nor shall the sale of advertising on any of the Sites give rise to any obligation to pay a fee to Subscribers.
None of the Submission Materials disclosed or posted via message boards, chats or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on Diet Coaching 's part and we shall not be liable for any use or disclosure of any such Submission Materials.
19. Copyright Policy.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Diet Coaching infringe your copyright, you or your agent may send to Diet Coaching a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Diet Coaching actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Diet Coaching a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
identification of the copyrighted work that you claim has been infringed;
identification of where the material that you claim is infringing is located on the Site or Service reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as an your address, telephone number and, if available, your email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
20. Jurisdictional Issues.
We make no representation or warranty that the content and materials on the Site and/or or the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Sites or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Diet Coaching reserves the right, at any time in its sole discretion, to limit the availability and accessibility of the Site and/or the Services to any person, geographic area or jurisdiction we so desire, and to limit the quantities of any such service or products that we provide.
21. Governing Law and Choice of Forum.
This Agreement shall remain effective until terminated in accordance with its own terms and conditions. You agree that Diet Coaching, in its sole discretion, may terminate your password, account (in whole or in part), or use of the Sites or Services, and remove and discard any content within the Sites, at any time and for any reason. You agree that any actions taken under this Section 21 may be effective without prior notice to you. In the event of termination, however, those Sections in this Agreement which provide for continuing obligations on your part shall survive indefinitely.
23. General Information.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.