Poop Easy with Paralysis™ Terms & Conditions
The following terms and conditions ("Terms") constitute an agreement between Paralysis Nutrition LLC ("Company"), and you that governs your participation in Poop Easy with Paralysis (“Course”). Your participation in our Course constitutes your acceptance of, and agreement to, the following Terms. Company reserves the right to modify, alter, amend or update these Terms and the Course. These Terms are subject to change without notice.
PROGRAM ELIGIBILITY
Company’s Course is open only to those seeking personal nutrition education. The Course is not intended to support nutrition professionals, such as Registered Dietitians, health coaches or other medical or wellness professionals who are looking to gain experience working with clients or who are interested in Company’s methodologies. If Company becomes aware that you have joined for this reason, Company will immediately cancel your access to the Course. No refunds will be granted in this circumstance.
PURCHASE POLICY
You may purchase enrollment in the Course. As a participant in the Course, you will receive lifetime access to the Course, to Company’s online Materials for the Course, which includes video modules and may include downloadable PDF handouts. Please note: the Course does not include any individualized elements, such as one-on-one calls with Company, email support, or customized coaching of any kind.
Start Date: The Course start date is the date of purchase. This is when materials will start to become available.
Course: On the date of purchase, you will receive an email with information on when and how to access the Course Materials in the Course Portal (as defined below). The Course will consist of video modules and downloadable PDF content. Please note that no individual advice will be given. Lifetime access is defined as the duration the course is online, not your individual lifetime.
Payment Plan: From time to time, Company may offer the ability for you to pay in installments. At the time you make your initial payment, you will save your credit card information for the next payments. If you elect to pay through a payment plan, you authorize the Company to charge your credit card for the second payment thirty (30) days after the initial payment is made, and thirty (30) days after the second payment is made. If your payment method changes, it is your responsibility to update the payment information prior to the payment due date.
The second payment will be due 30 days after the initial payment. If your payment plan includes a third payment, it will be due 30 days after the second payment. Your initial payment is non-refundable, even if your second and/or third payment fails or is not received. Course access will be forfeited/paused if the second payment is not received within 35 days of the first initial payment. Course access and Facebook group access will be forfeited/paused if the second payment is not received within 35 days of the first initial payment.
Refunds:
If after 14 days of access to the course, you would like to request a refund, we require that you show us 14 days of food tracking, as well as a log of daily bowel program times/results, and a written request that details why you believe the program did not work for you. Refunds are on a case-by-case basis and are not guaranteed.
COURSE ACCESS
The Course is intended and suitable for individuals age 18 and over.
To access the Course, you must create an account on the Course’s technological platform (“Course Portal”), which is hosted on third party software, such as Kajabi. You are responsible for ensuring that your login information remains private. If Company suspects that your login credentials have been shared with a third party, Company reserves the right to revoke your access to the Course. No refunds will be granted if your access is revoked for this reason.
In the Course Portal, you will be able to access all materials related to the Course (“Materials”).
You will have access to the Course content on the Course Portal for the lifetime of the course.
EMAIL UPDATES
By purchasing the course, you will be subscribed to our mailing list. Through these emails, we provide product updates and other information.
LICENSE FOR USE OF MATERIALS
The Course and Materials were developed solely for your personal use and may not be reproduced for publication for the personal or commercial use of others without permission from Company.
COURSE AND MATERIALS - DISCLAIMER
You understand and agree that there is no guarantee that you will see positive results using the techniques and materials provided in the Course or Materials. Company assumes no management responsibility for your decisions or practices that you implement based on the Course or Materials. Company makes no guarantee about your future success based on your participation in the Course or your use of the Materials.
Company disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided in the Program or Materials.
PROGRAM CREATOR
The Course and Materials were created by a Registered Dietitian. Although the Course and Materials were created by a nutrition professional, it does not mean that the information has been customized for you individually, nor does it mean that you are in a professional relationship with Company or any individual creator of the Course or Materials. Please contact your medical professional prior to making any changes based upon the Course or Materials.
NUTRITION DISCLAIMER
All nutrition information provided in the Course and Materials is intended to be used for informational purposes only. The Course and Materials are not medical advice, nor are they intended to replace medical advice. The Course and Materials are not intended to diagnose, prescribe, or treat any disease, condition, illness, or injury. Before beginning any diet program, modifying your diet, or making changes to the diet of a child in your care, including following the nutrition information available in the Course or Materials, you should seek advice from a licensed professional, such as your doctor or your personal dietitian.
Company is not responsible for any liability, loss, or damage, caused or alleged to be caused directly or indirectly as a result of the use, application, or interpretation of the nutrition information available in the Course or Materials.
The Food and Drug Administration has not evaluated the statements contained in any information in the Course and Materials. Individual results may vary.
WAIVER
You understand that any changes to your diet, including changes to food or use of dietary supplements, carries a risk. If you implement changes based upon any information in the Course or Materials, you are doing this at your risk and you do so with full knowledge and acceptance of such risks.
You release Company from any and all responsibility or liability from injuries or damages to your person which may result from your interpretation of educational information provided during the Program.
NO MEDICAL ADVICE
You understand and agree that Company may provide dietary, nutrition, wellness, and general healthy living information in the Course and Materials. If you enroll in the Course, you understand that Company serves as a facilitator and educator only. You understand that Company does not provide:
- Medical assessment or consultation;
- Medical advice or medical treatment;
- Individualized fitness recommendations;
- Medical nutrition therapy or the practice of dietetics;
- Counseling; or,
- Psychotherapy or psychoanalysis.
You understand that you must seek such services from the appropriate licensed provider in your state or country. You understand that it is your responsibility to discuss all changes to your fitness routine, diet, or potential dietary supplement use with your medical provider prior to making any changes.
YOUR RESPONSIBILITY
The Course and Materials were developed strictly for informational and educational purposes. You understand and agree that you are fully responsible for your use of the information provided in the Course and Materials. Company makes no representations, warranties, or guarantees. You understand that results may vary from person to person. Company assumes no responsibility for errors or omissions that may appear in the Course and Materials.
USE OF THE COURSE & MATERIALS
Unless otherwise stated, Company owns the intellectual property and rights to all content in the Course and Materials. Subject to the license stated herein, all intellectual property rights are reserved.
You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms.
Unless it is specifically and expressly made available for such purpose, the following uses are not permitted:
- Republication, redistribution, sale, rental, or sub-licensing of content from Course and Materials;
- Reproduction or duplication of any content on the Course or Materials for commercial purposes;
- Modification of any content in the Course or Materials;
COPYRIGHT
Unless otherwise noted, the design, content, and all components of the Course and Materials are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
From time to time, Company will legally utilize copyrights owned by third parties. These copyrights are the respective property of their owners and Company makes no claim of ownership.
TRADEMARKS
Company's trademarks and trade dress may not be used in connection with any product or service that is not Company's, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Company or its owners.
From time to time, the Course and Materials will legally utilize trademarks owned by third parties. These trademarks are the respective property of their owners and Company makes no claim of ownership.
TESTIMONIALS
Company reserves the right to use quotes from you for marketing purposes. These quotes may be obtained through your submissions to the Community. Company will use your first name or initials to attribute the quotes. Your full name will not be used without express permission. By accepting these Terms, you agree and authorize Company to use your quotes for marketing purposes.
From time to time, Company may take screenshots of comments for marketing purposes. In the event that this is done, information identifying you will be removed prior to sharing with a wider audience.
COMMUNICATION
If you send Company an email, register for the Course, or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.
THIRD PARTIES
The Program may contain links to third-party websites that are not governed or controlled by Company. Company assumes no control or liability over the content of any third-party sites. You expressly hold Company harmless from any and all liability related to your use of a third-party website.
Prior to engaging in any events or commercial transactions with any third parties discovered through or linked in the Course, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked in the Course or Materials, you expressly hold Company harmless from any and all liability in any dispute.
NO WARRANTIES
The Course is provided on an "as is" and "as available" basis without any representations or warranties, express or implied. Company makes no representations or warranties in relation to the Course or Materials, or the information and materials provided therein.
Company makes no warranty the Course will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Course. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Course. The Course and Materials are written in English and Company makes no warranty regarding translation or interpretation of content in any language.
COMPANY HEREBY DISCLAIMS, ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. THE PROGRAM AND MATERIALS, ALONG WITH ANY ANCILLARY SERVICE, ARE BEING PROVIDED “AS IS,” WITHOUT ANY TYPE OF WARRANTY WHATSOEVER. IF YOU ARE A CALIFORNIA RESIDENT, BY ACCEPTING THIS AGREEMENT YOU ARE WAIVING CALIFORNIA CIVIL CODE SECTION 1542 WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HER SETTLEMENT WITH THE DEBTOR.”
LIMITATION OF LIABILITY
COMPANY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNITY
You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys' fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
ARBITRATION
The Terms of Use will be governed and construed in accordance with the laws of the State of New York. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Dutchess County, New York. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.
MISCELLANEOUS PROVISIONS
If any provision(s) of the Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.
The Terms may not be assigned by you without Company's prior written consent; however, the Terms may be assigned by Company in its sole discretion.
The Terms are the final, complete, and exclusive agreement of the parties with respect to the Course offered by Company.
All notices with respect to the Terms of Use must be in writing and may be via email to [email protected] for Company and to your email address.
Updated: July 18, 2023
