Please read these Terms of Services carefully before purchasing, accessing or using any of our Programs, Products and Services.
Our Programs, Products, and
Services are owned and operated by Ilana Muhlstein, Inc. (“Company”, “we”, or
“us”). The term “you” refers to any purchaser and/or user of any of our programs
(“Programs”), product (“Products”), services (“Services”), and/or materials
(“Program Materials”) s
upplied by or on behalf of us
.
These
Terms of Services
(“Terms of Services
”) state how you may use our Programs,
Products,
Services and Program Materials,
and their content. Please read these
Terms of Services
carefully.
We
reserve the right to change these
Terms of Services
from time to time.
By using any of our Programs,
Products and Services you are agreeing to the Terms of Services as they appear
and are legally bound by them, whether or not you have read them. If at any
time you do not agree with these Terms of Services, please do not use our
Programs, Products, and Services.
PLEASE READ THESE TERMS AND
CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS CONSTITUTE A BINDING LEGAL
AGREEMENT BETWEEN YOU AND COMPANY. BY USING THE PROGRAMS, PRODUCTS, AND SERVICES
YOU UNCONDITIONALLY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING
ALL EXCLUSIONS AND LIMITATIONS OF LIABILITY HEREIN, AND WARRANT THAT YOU HAVE
FULL AUTHORITY AND CAPACITY, LEGAL AND OTHERWISE, TO USE THE SERVICES. YOU MAY
NOT ACCESS OR USE OUR PROGRAMS, PRODUCTS, OR SERVICES IF YOU DO NOT AGREE TO
ANY PART OF THESE TERMS.
Use and Consent
By purchasing or
using any of our Programs, Products or Services, you agree to abide by these Terms
of Services as well as our
Privacy Policy[DK1]
,
and any other terms and conditions that may apply, and are you are required to
act in accordance with them. Accessing, purchasing, or using our Programs,
Products, Services or Program Materials, in any manner constitutes use of the
Program, Products, Services and Program Materials, and your agreement to be
bound by these Terms of Services.
All of our Programs, Products,
Services and Program Materials are intended solely for users who are
eighteen (18) years of age[DK2]
or older. Any registration by, use of or access to any Program, Product,
Service or Program Materials by anyone under age 18 is unauthorized, unlicensed
and in violation of these Terms of Services. By accessing or using our
Programs, Products, or Services or our Program Materials, you represent and
warrant that you are at least 18 years old.
Our Limited License to You.
Our Programs, Products, and Services
and all the Program Materials 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 or licensed to us,
unless otherwise indicated. This content includes, but is not limited to, the
design, layout, look, appearance, graphics of our Program Materials or any
other material or aspects of materials provided by us to you. Reproduction is
prohibited other than in accordance with the copyright notice, which forms part
of these Terms of Services.
If you purchase or access any of
our Program 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, non-commercial use only, limited to you only. This means
that you may not use our Programs, Products, or Services or the Program
Materials in a manner that constitutes an infringement of our rights or in a
manner that has not been authorized by us.
You
are being granted a limited license to use our Program, Products and
Services,
and
Program Materials with
permission and restrictions. This means that when you
purchase a Program, Product or Service from our Website or
otherwise, you are purchasing the limited right to use the Program Materials in
the form that is provided by us to you with certain conditions as specified in
these
Terms of Services
.
You are
permitted to use our Programs, Products, Services and Program Materials as
follows:
However, you are not permitted to share, sell, reprint or republish any other of our Program Materials, including handouts and workbooks, for resale or mass reproduction purposes for your own business use. This includes sharing this program with your friends, family, colleagues, etc. If they would like access, they must purchase their own license separately.
Any trademarks,
taglines, and logos displayed on Program 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.
For those
trademarks, taglines, and logos for which you are granted permission to use,
the trademark indicia must be included at all times. Any marketing or
promotional tools and/or Program, Product or Service titles or any other title
or information of ours bearing the trademark symbols (™) or ® may not be used
by you for any reason without our express written permission.
All rights not expressly granted
in these terms or any express written license, are reserved by us.
Information You Are Prohibited from Sharing with Others.
As a Licensee,
you understand and acknowledge that our Programs, Products and Services and the
Program Materials have 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/or unauthorized use.
When you enroll in or purchase our Programs, Products or Services, you agree that you are clearly and expressly prohibited from doing the following:
● You will not in any way use, copy, adapt or represent any of our Programs, Products, Services or Program Materials in any way as if they are yours or created by you.
● You will not duplicate, share, trade, sell, or otherwise distribute our Programs, Products, Services or Program Materials to any other person, for their personal use, business/commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Program Materials for their own personal use or business/commercial use. This means you cannot share or sell or any part of our Programs, Products and Services or Program Materials to someone else so they can copy and/or use them for their own personal
use, business/commercial use or in any way that earns them money. You are the only one granted a limited license to use our Program, Product, Service, and Program Materials. ● You will not violate our intellectual property rights, including copyright and trademark rights. Downloading, printing, or otherwise using our Programs, Products, Services or Program Materials for your own training purposes in no way gives you any copyright, trademark, intellectual property or ownership rights of our Program, Product, Service or Program Materials.
● You will not use our Programs, Products, Services or Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent.
You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of our Programs, Products or Services or Program Materials as set forth in these Terms of Services is considered theft and stealing and we retain the right to prosecute theft to the full extent of the law.
Your License to Us.
By posting or submitting any material on or
through our Programs, Products, Services or Program Materials, such as
comments, posts, photos, images or videos or other contributions, you are
representing that you are the owner of all such materials and you are at least
18 years old.
When you submit
to us or post any comment, photo, image, video or any
other
submission for use on or through our Website, you are
granting us, and
anyone
authorized
by us, an unlimited, 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 contributions,
in whole or in part, in any manner or medium, now known or developed in the
future, for any purpose, and granting us the right to make it part of our
current or future Programs, Products, Services and/or Program Materials. This
right includes granting us use or exploitation of proprietary rights or
intellectual property rights like copyright, trademark, service mark, trade
secrets, patent rights or any other of your intellectual property rights under
any relevant jurisdiction without any further permission from you or
compensation by us to you. This does not include any of your own ideas,
programs or offerings.
We
will not
take, borrow or steal any of your ideas, programs or offerings for use in our
own
business.
You
also grant us, and anyone authorized by
us, the right to identify you as the author of any of your comments, posts,
photos, images, videos or other contributions by
name,
email address, or screen name.
You
acknowledge that we have the right but not
the
obligation to use and display any
contributions from you of any kind and that we
may
elect to cease the use and display of any such contributions
on our Programs, Products, Services and/or Program Materials at any time for
any reason whatsoever.
Media Release.
By participating in our
Programs, Products and Services, and using our Program Materials, including our
Facebook community[DK4]
,
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 Services
in
our
current or future Programs, Products or Services, and/or our marketing or
promotional efforts, without compensation to you at any time, now or at any
time in
the
future.
Any request for written permission to use our Programs, Products, Services or Program Materials, in whole or in part, or any other intellectual property or property belonging to us (“Content”), should be made BEFORE you wish to use it by completing the “Contact Us” form on this Website, or by sending an e-mail to [email protected]
If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission.
Security
When you apply
for,
enroll in, purchase or use our
Programs, Products or Services, or Program Materials we may seek and collect
personal data and information including
but
not
limited to your name, e-mail address, phone number, billing information, credit
card
or payment information, demographic information, preferences, interests,
or
other
personally-identifying
information (“Confidential Information”).
By providing such Confidential
Information to us, you grant us permission to use and store such Confidential
Information. We, in turn, will use our best efforts to keep your Confidential
Information safe, secure and confidential. We take precautions to protect such
Confidential Information. When you submit Confidential Information via our
Program, Product, Service or Program Materials, we take measures to protect the
security of your Confidential Information both online and offline.
However, due to the nature of the
Internet, we cannot completely ensure or warrant
the
security of your Confidential Information or of any other
data or information transmitted to us or through our services; therefore
submitting Confidential Information, data or
other 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.
The product or program may come with a private Facebook Group. These Terms apply to the Facebook Group. Further, you understand that Facebook is a public platform and therefore, we cannot guarantee your privacy for things that you share in the group as other members will also see what is posted.[DK6]
As a Licensee,
you agree that you are using your own judgment in using our Programs, Products,
Services and Program Materials and you agree that you are doing so at
your
own
risk. Our Programs, Products, Services and Program Materials are for
informational and educational purposes
only. You
agree and understand that
you assume all risks and no results are guaranteed in any way related to our
Programs, Products, Services
and
Program
Materials. Our Programs, Products, Services and Program Materials
are
merely to provide you with education
and tools to help you make your own decisions
for
yourself.
You
are solely
responsible for your actions, decisions and results based on the use, misuse or
non-use of our Programs, Products, Services and Program
Materials.
We take every precaution to
protect our Programs, Products, Services and Program Materials. However, due to
the nature of the Internet, we cannot completely ensure or warrant the security
of the Programs, Products, Services and Program Materials or the contributions
or information transmitted to us on or through our Website or our Programs,
Products, Services and Program Materials. Submitting contributions or
information on our through our Programs, Products, Services and Program
Materials is done entirely at your own risk. We make no assurances about our
ability to prevent any such loss or damage to you or to any other person,
company or entity arising out of use of our Programs, Products, Services and
Program Materials and you agree that you are assuming such risks.
Our Programs,
Products, Services, and Program Materials are for informational and educational
purposes only. To the fullest extent permitted by law, we expressly exclude any
liability for any direct, indirect or consequential loss or damage incurred by
you or others in connection with our Programs, Products, Services, and Program
Materials, including without limitation any liability for any accidents,
delays, injuries, harm, loss, damage, death, lost profits, personal 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. You specifically
acknowledge and agree that we are not liable for any defamatory, offensive or
illegal conduct of any other Program, Product, Service or Program Materials
participant or user, including you.
Medical Disclaimer.
Our Programs, Products, Services, and Program
Materials are
not
to be perceived as
or relied upon in any way as medical advice or mental health advice. The
information provided through our Programs, Products, Services, and Program
Materials is not intended to be a substitute for professional medical advice,
diagnosis
or
treatment that
can be provided by your own physician, nurse practitioner, physician
assistant, therapist,
counselor,
mental health
practitioner,
licensed dietitian
or nutritionist, member
of the
clergy,
or any other licensed
or registered health care
professional.
Do
not disregard professional medical advice
or
delay seeking
professional advice because of information you have read in our
Programs,
Products,
Services, and
Program Materials, or received from us. Do not stop taking any medications
without speaking to your physician, nurse practitioner, physician assistant,
mental health provider or other health care professional. If you have or
suspect that
you
have a medical or
mental health issue, contact your own health care provider
promptly.
We
are not providing health
care, medical or nutrition therapy services or attempting
to
diagnose, treat, prevent or cure in any
manner whatsoever any physical ailment, or any mental or emotional issue,
disease or condition. We are not giving medical, psychological, or religious
advice whatsoever.
Please consult your healthcare professional about potential interactions or other possible complications before using any of our P
rograms,
Products,
Services and Program Materials
. If you are pregnant, nursing, or diagnosed with a heart condition, allergies, or other medical conditions, seek the advice and assistance of a physician or trained health professional before purchasing our P
rograms,
Products,
Services
and Program Materials
.
If you believe or suspect that you have a medical problem, promptly contact your doctor or health care provider.
Company shall not be held liable for medical or other claims made by third parties or customer testimonials relating to the safety, use, or efficacy of our P
rograms,
Products,
Services and Program Materials
. Legal and Financial Disclaimer.
Our Programs, Products, Services, and Program
Materials are not to be perceived or relied upon in any way as business,
financial or legal advice. The information provided through our Programs,
Products, Services, and Program Materials is not intended to be a substitute
for professional advice that can
be
provided
by your
own
accountant,
lawyer,
or
financial
advisor.
We
are
not
giving financial or legal advice in any
way. You
are hereby
advised to consult with your own accountant, lawyer or financial advisor for
any and all questions and concerns you have regarding your own income and taxes
pertaining to your specific financial and/or legal situation.
You
agree that we are not responsible for
your earnings, the success or failure of your business decisions, the increase
or decrease of your finances or income
level,
or any other result of any kind that you may have as a result of
information presented
to
you through
our Programs, Products, Services, and Program Materials.
You
are solely responsible for your
results.
Earnings Disclaimer. You
acknowledge that we have not and do not
make any representations as to the health physical, mental, emotional,
spiritual or health
benefits,
future
income, expenses, sales volume or potential profitability or loss of any kind
that
may be derived as a result of your
participation in this Program, Product, Services
or
Program Materials.
We
cannot
and do not guarantee that you will attain a
particular
result, positive or negative, financial or otherwise, through the use of
our Programs, Products, Services and Program Materials and you accept and
understand that results differ for each individual.
We
also expressly disclaim responsibility in any way for
the
choices, actions, results, use, misuse
or non-use of the information provided or obtained through any of our Programs,
Products, Services or Program Materials.
You
agree
that
your results are strictly your own and we
are not liable or responsible in any way
for
your
results.
Warranties Disclaimer.
WE MAKE NO
WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU
AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS
IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO
THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO
APPLICABLE
LAW,
WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY,
FITNESS FOR
A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT
THAT
THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL
BE FUNCTIONAL, UNINTERRUPTED,
CORRECT,
COMPLETE, APPROPRIATE, OR ERROR-FREE,
THAT
DEFECTS WILL BE CORRECTED, OR
THAT
ANY
PART
OF THE WEBSITE, CONTENT 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 OUR PROGRAM, PRODUCT OR SERVICES MATERIALS OR ON
THIRD-PARTY
WEBSITES IN TERMS
OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR
OTHERWISE.
Technology Disclaimer. We
try to ensure that the availability and
delivery of our Programs, Products, Services and Program Materials is
uninterrupted and error-free, including our content and communications through
methods like our Website, member forum, private Facebook groups, e-mail
communications, videos, audio recordings,
webinars, recorded webinars, teleseminars, recorded teleseminars, emails,
downloadable Mp3 audio
files, downloadable PDF printed transcripts, downloadable PDF handouts/slides,
handouts, ebooks, or any other materials provided by us to you. However, we
cannot guarantee that your access will not be suspended or restricted from time
to time, including to allow for repairs, maintenance or updates, although, of
course, we will try to limit the frequency and duration of suspension or
restriction.
To
the fullest extent
permitted by
law,
we will be not be
liable to you for damages or refunds, or for any other recourse, should our
Programs, Products, Services or Program Materials become unavailable or access
to the them becomes slow or incomplete due to any reason, such as system
back-up procedures, internet traffi c volume, upgrades,
overload of requests to the servers, general network failures
or delays, or any other cause which may from time to time make our Programs,
Products, Services or Program Materials inaccessible to you.
Errors and Omissions. We
make
no warranty or guarantee as to the
accuracy,
timeliness, performance, completeness or suitability of the information
in our Programs, Products, Services, and Program Materials. 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 may contain inaccuracies or errors and we are not liable
for any such inaccuracies or errors to the fullest extent permitted by
law. Links to Other Websites. We
may
provide links and pointers to other websites maintained by third parties that
may take you outside of our Programs,
Products,
Services or Program Materials. These links are provided for your convenience
and the inclusion of any link in our Programs, Products, Services or Program
Materials to any other website does not imply our endorsement, sponsorship, or
approval of that
website
or its
owner. We
do not endorse and we are not
responsible for the views, opinions, facts, advice, or statements provided by
external resources referenced in our Website or its Content, or their accuracy
or reliability.
We
assume no
responsibility for errors or omissions caused by other websites that may be
included our Programs,
Products,
Services
or Program Materials.
We
have no
control over the contents or functionality
of
those websites and so we accept no responsibility for any loss, damage,
or otherwise that may arise from your use of them and therefore we do not
guarantee the
accuracy,
completeness,
or usefulness of any other website or their content. It is your responsibility
to review the terms and conditions and privacy policies of those
linked
websites to confirm that you
understand and agree with those
policies.
PUSH NOTIFICATIONS, TEXT MESSAGES, AND EMAILS If you create a user account and provide us with your cell phone number, you agree and consent to receive certain text messages from us regarding the Site, Programs, Products, Services or Program Materials These text messages may relate to the Company’s operations or include promotional messages. Standard text messaging rates will be applied by your mobile device carrier to any text messages sent by us. You will have the option to opt out of receiving text messages by replying “STOP” to any text message sent by us. After requesting to opt out, you may receive text messages from us for just a brief time while your request is processed. Company text messages may be generated by automatic telephone dialing systems and you hereby waive your right to pursue any claims (including any claim that arises while your request to opt out is pending) under the Telephone Consumer Protection Act (“TCPA”). To the extent any claim under the TCPA cannot be waived, by using the Site, Programs, Products, Services or Program Materials, you are agreeing that any claim against Company that cannot be waived, but which arises under the TCPA (including any claim that arises while your request to opt out is pending), will be arbitrated on an individual, and not on a class or representative, basis, in accordance with the Governing Law and Arbitration provisions of these Terms of Service. [DK7]
Indemnification.
You agree at all times
to defend, indemnify and hold harmless our Company, as well as any of our
affiliates, agents, contractors, officers, directors, shareholders, employees,
joint venture partners, successors, transferees, assignees, and licensees, as applicable,
from and against any and all claims, causes of action, damages, liabilities,
costs and expenses, including legal fees and expenses, arising out of or
related to our Programs, Products, Services or Program Materials, or your
breach of any obligation, warranty, representation or covenant set forth in
these Terms of Services or in any other agreement with us.
Limitation of Liability.
We will not be
held responsible or liable in any way for the information, products or
materials that you request or receive through or on our Programs, Products,
Services or Program Materials. We do not assume liability for accidents,
delays, injuries, harm, loss, damage, death, lost profits, personal or business
interruptions, misapplication of information, physical or mental disease,
condition or issue, or otherwise, due to any act or default of anyone or any
business, whether owners, staff, agents, joint venture partners, contractors,
vendors, affiliates or otherwise, affiliated with us. We do not assume
liability for any owners, staff, agents, joint venture partners, contractors,
vendors, affiliates or otherwise who is engaged in rendering our Programs,
Products, Services or Program Materials, or in any way or in any location. In
the event that you use our Programs, Products, Services or Program Materials or
any other information provided by us or affiliated with us, we assume no responsibility.
Release of Claims.
In no event will we be liable to any party for
any type of direct, indirect, special, incidental, equitable or consequential
damages for any use of or reliance on our Programs, Products,
Services
or
Program
Materials,
or
on
those
affiliated with us in any
way,
and you hereby release us from any
and all claims; including, without limitation, those related to lost profits,
personal or business interruptions, personal injuries, accidents,
misapplication of information, or any
other
loss, physical or mental disease, condition or issue, or otherwise, even
if we are expressly advised of the possibility of such damages or difficulties.
You
are agreeing that you will not use our
Programs, Products, Services or Program Materials in any way that causes or is
likely to cause the Programs, Products, Services or Program Materials, or
access to them either to be interrupted, damaged or impaired in any
way. You
understand that you are solely responsible for all
electronic
communications and content sent
from your computer to this Website and its Content and to us.
You must use
the Programs, Products, Services or Program Materials for lawful purposes only.
You agree that you will not use our Programs, Products, Services or Program
Materials in any of the following ways:
● For fraudulent purposes or in connection with a criminal offense or 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, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure
others ● To send, negatively impact, or infect our Programs, Products, Services or Program Materials with 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 letters, mass mailings or any spam, whether intended or not ● To cause annoyance, inconvenience or needless anxiety ● To impersonate any third party or otherwise mislead as to the origin of your contributions ● To reproduce, duplicate, copy or resell any part of our Programs, Products, Services or Program Materials in a way that is not in compliance with these Terms of Services or any other agreement with
us.
If you have a
question or concern about your Programs, Products, Services, or Program
Materials, you may send an e-mail to
and we will do our best to reply to your question or concern promptly.
If paying by
debit card, or credit card, you give us permission to automatically charge your
credit or debit card as payment for your Program, Product or Service without
any additional authorization, for which you will receive an electronic receipt.
In the event that payment is not
received by the date due, the Program, Product or Services will not continue
and we reserve the right to cease your access immediately and permanently.
If you fail to make payment in a
timely manner in accordance with these
Terms of Services
or
voluntarily
decide to withdraw from our Programs, Products or Services at any time
or
for any reason whatsoever, you still
will remain fully responsible for the full cost of the Programs, Products
and/or
Services.
All information obtained during
your purchase or transaction for our Programs, Products and Services and all of
the information that you give as part of the transaction, such as your name,
address, method of payment, credit card number, and billing information, may be
collected by both us and our payment processing company.
You agree to
only purchase goods or services for yourself or for another person for whom you
are legally permitted to do so or for whom you have obtained the express
consent to provide their name, address, method of payment, credit card number,
and billing information.
You
agree to be financially responsible for
all purchases made by you or someone acting on your behalf.
You
agree to use our Programs, Products,
Services, and Program Materials for legitimate, non-commercial purposes only
and not for speculative, false, fraudulent, or illegal
purposes.
Since we have a clear and explicit Refund Policy in these Terms of Services that you have agreed to prior to completing the purchase of any of our Programs, Products, or Services, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
If you make a
purchase from one of our affiliates, or any other individual or company through
a link provided on or through our Programs, Products or Services (“Merchant”),
all information obtained during your purchase or transaction and all of the
information that you give as part of the transaction, such as your credit card
number and contact information, may be collected by the merchant and their
payment processing company as well. Your participation, correspondence or
business dealings with any affiliate, individual or company on or through our
Programs, Products or Services, and all purchase terms, conditions,
representations or warranties associated with payment, refunds, and/or delivery
related to your purchase, are solely between you and the Merchant. You agree
that we shall not be responsible or liable for any loss, damage, refunds, or
other matters of any sort that incurred as the result of such dealings with a
Merchant.
Payment processing companies and
Merchants may have privacy and data
collection
practices that are different from ours.
We
have no responsibility or liability for these independent
policies of the payment processing companies and Merchants. In addition, when
you make certain purchases through our Programs, Products or Services,
you
may be subject to the additional terms
and conditions of a payment processing
company,
Merchant or us that specifically apply to your purchase. For more
information regarding a Merchant and its terms and conditions that may
apply,
visit that merchant’s Website and
click on its information links or contact the Merchant
directly. You
release us, our affiliates, our payment
processing
company,
and Merchants
from any damages that you
incur,
and
agree not to assert any claims against us or them, arising from your purchase
through or use of our Website or its
Content.
Your
satisfaction with your Program,
Product or Service is important to us.
Yet,
because
of the extensive time, effort, preparation and care that goes into creating
and/or providing our Programs, Products, Services and Program Materials, we
have a no refund
policy.
Unless
otherwise provided by
law,
you
acknowledge that we do not offer refunds for any portion of your payment for
any of our Programs, Products, and Services, and no refunds will be provided to
you at any time. By using and/or purchasing any of our Programs, Products,
Services or Program Materials, you understand and agree that all sales are
final and no refunds will be
provided.
Program-Specific Refund Policies
While Ilana
Muhlstein, Inc. maintains a general no-refund policy due to the digital nature
of our offerings and the immediate access provided, individual programs may
carry their own terms. Please review the following exceptions and
clarifications:
The Daily Thrive
Membership
Monthly Billing- By selecting the monthly billing option, you agree to be charged
$44 every month on a recurring basis. Your subscription will automatically renew each month unless you cancel
at least 3 days prior to your next billing date To cancel, please email
[email protected] No refunds will be issued once a new billing cycle has begun.
Quarterly Billing-By selecting the quarterly billing option, you agree to be charged
$109 every 3 months on a recurring basis. Your subscription will automatically renew every 90 days unless you cancel
at least 3 days prior to your next billing date To cancel, please email [email protected]. No refunds will be issued once a new billing cycle has begun.
Annual Billing-By selecting the annual billing option, you agree to be charged
$264 once per year. Your subscription will automatically renew annually unless you cancel
at least 7 days prior to your next billing date To cancel, please email t[email protected]. No refunds will be issued once a new annual billing cycle has started.
Raising Balanced
Eaters (RBE) The refund policy for the Raising Balanced Eaters program may vary based on the enrollment
period or special promotions. Please refer to the RBE checkout page for the
most current and applicable refund policy. If the program-specific refund terms
differ from the general policy herein, the terms stated at the point of
purchase shall apply.
You have the right to terminate your use of or participation
in our Programs, Products or Services at
any time by sending an e-mail to [email protected] We
reserve the right in our sole
discretion to refuse or terminate your access to our Programs, Products,
Services or Program Materials, in full or in part, at any time, without notice,
by sending you an e-mail to the e-mail address you provided
upon
purchase
of the Program, Product or
Service.
In the event of cancellation or termination by either of us,
you will have 24 hours to pay any and all remaining payments or balances that
are owed to us.
Upon
termination by either of us, we reserve the right to immediately refuse or
terminate your access to any aspect of our Programs, Products, Services and/or
our Program
Materials, including but not limited to our Website, private forum, e-mail
communications, Facebook groups,
live webinars or conference calls, or any
other
method of communications related to our Programs, Products, Services or
Program Materials at any time without notice and in our sole discretion.
All of the terms of this Terms of
Services, including but not limited to all copyright, trademark, and
intellectual property rights, disclaimers, limitations of liability, release of
claims, and our Refund Policy will still apply now and in the future, even
after termination by you or us.
Confidential Information.
To use our
Programs, Products, Services or Program Materials, we may seek personal data or
information including your name, e-mail address, phone number, street address,
billing information, birthday, preferences, interests, assignments, or other
personally-identifying information (“Confidential Information”), or you may
offer or provide a comment, photo, image, video or any other submission to us
when using or participating in our Programs, Products, Services or Program
Materials (“Other Information”). By providing such Confidential Information or
Other Information to us, you grant us permission to use and store such
information. We, in turn, will use our best efforts to keep your Confidential
Information safe, secure and confidential in accordance with these Terms of
Services and our full
Privacy Policy [DK9]
which
may be found on our Website, and which is expressly incorporated into these
Terms of Service by reference. If you believe that any of your Confidential
Information is incorrect or incomplete, please contact us as soon as possible.
We will promptly correct any Confidential Information found to be incorrect.
What We Do With Confidential Information. We
request and
require various personal data and/or
Confidential
Information to understand your needs and provide you
with
better services. In addition, we may
use such data and
Confidential
Information
for
the
following reasons: (1) for
internal record keeping, (2) to improve our Programs, Products, Services or
Program Materials, (3) to periodically send promotions about new Programs,
Products or Services or other special offers from which you may unsubscribe at
any time, (4) for aggregate, non-identifiable data for research purposes, (5)
to
customize the respective Programs,
Products or Services you purchase or use according to your interests and/or (6)
for support or communication related to your Program, Product, Service or
Program
Materials.
Storage.
All data and Confidential Information is stored through a
data management system. This data and Confidential Information can only be
accessed by those who help manage that information in order to deliver e-mail
or otherwise contact those who would like to receive our correspondence. You
agree and acknowledge that we, including but not limited to our team, staff and
affiliates, and those who manage the data management system may have access to
your Confidential Information.
Confidentiality and Disclosure. All Confidential Information will be held in
confidentiality and will not be
disclosed to third parties, except that we may disclose
Confidential
Information and personally
identifiable
information: (1) pursuant to
this
terms of these
Terms of Services
and Privacy Policy and our Disclaimer, (2) if we
are
required to do so by
law,
(3) in the good-faith belief that such
action is necessary to conform to the
law,
(4)
to comply with any legal process served on either us or our partners, sponsors,
investors, or affiliates, (5) to protect and defend our rights
or
property
or those of our users or purchasers, and/or (6) to act as immediately necessary
in order to protect the personal safety of our users, purchasers, or the
public.
We will not sell, distribute or lease your Confidential Information to third parties unless we have your permission or are required by law to do so.[DK10] Viewing by Others.
Note that whenever you make your
Confidential
Information
or
Other Information available for viewing
by others such as through our Programs, Products, Services, or Program
Materials, our Website or social media, the Confidential Information or Other
Information that you share also can be seen, collected and
used
others,
and therefore, we cannot be responsible for any unauthorized use by others
of
such
Confidential
Information or Other Information that you voluntarily share online or in
any other manner.
How We Use Cookies. We
may use the standard
"cookies" feature of major web browsers.
We
do not set any
Confidential
Information in cookies, nor do we employ any data-capture mechanisms on
our Website other than cookies.
You
may
choose to disable cookies through your own web browser’s settings. However,
disabling
this
function may diminish
your experience on the Website and some features of our Programs, Products,
Services or Program Materials may not work as intended.
We have
no access to
or control over any information collected by other individuals, companies or
entities whose website or materials may be linked to our Programs,
Products,
Services or Program
Materials.
Passwords. To
use certain
features of our Programs, Products, Services, or Program Materials, you may be
issued a group username and password or a unique individual username and
password, which you will receive through your registration and/or purchase
process.
You
may be able to change to
username and/or password of
your
choosing.
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, Service, Program Materials, Website, private forum, Facebook group or
any other related communication. 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 place 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 and
Services, you agree to enter true and accurate information
as
part
of
the
registration,
purchase
process
and
otherwise.
If
you
enter
a
false
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.
It is hoped that
should we ever have any differences, we could be able to work them
out
amicably through e-mail correspondence.
However, should we be unable to
seek
resolution
within a reasonable time, you agree now that that the only method of
legal
dispute resolution that will be used
is binding arbitration before a single
arbitrator,
selected
jointly,
in
accordance with the American Arbitration Association Rules. Prior
to
seeking arbitration, you must send an
e-mail to us at
and include all of your reasons for
dissatisfaction with your Program.
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 other actions or
financial awards
of
consequential damages, or any other type
of damages, may be granted to you.
We
both
agree now that the decision of the arbitrator is final and binding, and may be
entered as a judgment into any court having the appropriate
jurisdiction.
You
also agree that should arbitration take place, it will be held in Los
Angeles, CA,
and
the prevailing
party shall be entitled to all reasonable attorneys’ fees and all
costs
necessary
to enforce the decision of the arbitrator.
In the event of a dispute between
us, you agree to not engage in any conduct or communications, public or
private, including on social media, designed to disparage
us,
our
Company,
or any of our Programs, Products or Services. Where requested by law
or
arbitration, of course, you are not
prohibited from sharing your thoughts and opinions as a part of the legal
process.
If any terms of
these Terms of Services are construed to be invalid or unenforceable for any
reason, it shall not affect the validity or enforceability of any other term
which shall be given full force and effect.
These Terms of
Services shall be governed by the laws of the State of California, regardless
of the conflict of laws principles thereof.
Non-Waiver/Severability No waiver of any breach of any provision of these Terms of Services shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. If any provision contained in these Terms of Services is determined to be invalid, illegal or unenforceable in any respect under any applicable law, then such provision will be severed and replaced with a new provision that most closely reflects the real intention of the parties, and the remaining provisions of these Terms of Services will remain in full force and effect.[DK11] Modifications Company reserves the right to make changes to the Site, posted policies and Terms of Service at any time without notice or liability.
You can review the most current version of the Terms of Service at this page. We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.[DK12] Force Majeure Company will not be liable, or be considered to be in breach of these Terms of Services, on account of Company's delay or failure to perform as required under these Terms of Services as a result of any causes or conditions that are beyond Company's reasonable control (a "Force Majeure Event"), and that Company is unable to overcome through the exercise of commercially reasonable diligence. If any Force Majeure Event occurs including, without limitation, acts of God, pandemics, fires, explosions, telecommunications, Internet or Advertiser Network failure, vandalism, hacking, storm or other natural occurrences, national emergencies, acts of terrorism, insurrections, riots, wars, strikes, or other labor difficulties, Company will give you notice and will use commercially reasonable efforts to minimize the impact of any such event.[DK13] ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the
Site, using the Programs,
Products,
Services
and Program Materials, sending us emails, and completing online forms
constitute electronic communications.
You
consent to receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we provide to you
electronically, via email and on the Site, satisfy any legal requirement that
such communication be in writing.
YOU
HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS
INITIATED OR COMPLETED BY US OR VIA THE SITE.
You hereby waive any rights or requirements
under any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by any means
other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
MISCELLANEOUS
The failure of
Company to exercise or enforce any right or provision of these Terms of Service
shall not operate as a waiver of such right or provision.
The section titles in these Terms of Service
are for convenience only and have no legal or contractual effect.
These Terms of Service operate to the fullest
extent permissible by law.
These Terms
of Service and your account may not be assigned by you without our express
written consent.
Company may assign any
or all of its rights and obligations to others at any time.
Company shall not be responsible or liable for
any loss, damage, delay, or failure to act caused by any cause, beyond
Company’s reasonable control.
There is
no joint venture, partnership, employment, or agency relationship created
between you and Company as a result of these Terms of Service or use of the
Site, Programs,
Products,
Services or
Program Materials.
Upon Company’s
request, you agree to furnish Company any documentation, substantiation or
releases necessary to verify your compliance with these Terms of Service.
You agree that these Terms of Service will not
be construed against Company by virtue of having drafted them.
You hereby waive any and all defenses you may
have based on the electronic form of these Terms of Service and the lack of
signing by the parties hereto to execute these Terms of Service.
This Site is
operated by Ilana Muhlstein, Inc.
All
notice required or permitted under these Terms of Service shall be made in
writing by mail or by email to:
5665 W. Wilshire Blvd #1174 Los Angeles CA, 90036
Questions about
the Terms of Service should be sent to COMPANY at
[email protected] or the address above.
The content provided through The Daily ONTRA and Ilana Muhlstein, MS, RDN is for educational and informational purposes only and is not intended as medical advice, diagnosis, or treatment. Always consult with your physician or qualified healthcare provider before making any changes to your diet, exercise, or health regimen. Participation in our programs does not create a doctor-patient relationship.
If you are currently taking GLP-1 medications (such as Ozempic, Wegovy, or Mounjaro), consult with your prescribing physician before making any adjustments to your nutrition, physical activity, or supplement routine. Our guidance is not a substitute for personalized medical care.