TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS AND SERVICES

 

Last Updated Date: July 21, 2023

 

1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

 

THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

 

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

 

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH FERAZ FEROZALI dba CHOMP DOWN DIETETICS (“Chomp Down Dietetics”), OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

 

1. Acceptance of Terms. These terms and conditions (these "Terms") apply to the purchase and sale of Products and Services through www.chompdowndietetics.mykajabi.com (the "Site"). These Terms are subject to change by Chomp Down Dietetics (referred to as “Company”, "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site.

 

Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.

 

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review the Site Privacy Policy before placing an order for products or services through this Site (see “Privacy” section below).

 

1. Products and Services. The products and services provided by the Company may include video and/or written electronic course packages and/or in-person and/or virtual tutoring services as provided in the purchase/check-out page of the Site (“Products and Services”). All such Products and Services are subject to the Terms of this Agreement, in addition to any other agreed upon terms made between you and the Company. The Company may from time to time, in its sole discretion, modify, update, alter, remove, add, and/or otherwise change the Products and Services offered on the Site by Company without notice to you.

 

1. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all Products and Services listed in your order. All orders must be accepted by us or we will not be obligated to sell the Products and Services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email.

 

1. Prices and Payment Terms.

 

(a) All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for Products and Services will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling if applicable. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.  

 

(b) We may offer from time-to-time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

 

(c)   Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card (or other payment type) information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card (or other payment type) for the purchase, (iii) charges incurred by you will be honored by your credit card company and/or bank, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order. You agree and authorize the Company to charge your designated payment type for the full purchase price of the Products and Services at the time of purchase.

 

(d) If payments fail for any reason, you agree to resolve it immediately. If any failed payment is not corrected within 5 business days, access to any purchased Products and Services will be permanently revoked without prior notice to you.

 

(e) You agree to not make any chargebacks to the Company’s account or cancel your credit card or billing method used without prior written consent of Company. In the event a chargeback or merchant dispute is commenced by you with your financial institution for the services received under which payment was owed and you are successful in recovering these funds, the Company may provide this contract to the financial institution as well as evidence of your receipt of services.

 

(f)   You agree to pay for any fees incurred by Company arising from and/or related to the recovery of payments under these Terms, including but not limited to, collection fees and attorneys’ fees. Company reserves the right to report any chargeback incident to credit reporting agencies as a delinquent account.

 

1. Shipments; Delivery.

 

• All Products and Services are electronically delivered via accessed through the Site and/or through an otherwise provided third-party platform.

 

• You agree to fill in the correct information requested in any user registration form(s) on the Site and/or applicable third-party platform. You will select a username and password during any user registration process and shall be responsible for: (a) all use of the Site and/or applicable third-party platform made by your username and password, and (b) maintaining the confidentiality of your username and password. Usernames and passwords may not be shared with any third parties.

 

• Products and Services purchased by you from the Company may be transmitted by the Company to you through the third-party platform, Kajabi, and/or any other third-party platform as determined by the Company in its sole discretion. The Company reserves the right to substitute service at any time, provided that it is of a comparable nature and value as determined by the Company. You acknowledge that access to purchased Products and Services is presently available to you through the third-party platform Kajabi, and/or other third-party platform provided by Company. The Company is not liable for any limitation of access to the Product caused by a third-party platform.

 

• In the event any materials are required to be physically shipped to you, you will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.

 

1. Product Access. Your purchase of the product gives you access to courses which are deemed parts of a total package. The current number of courses that are part of the total package is seventeen (17). The Company may from time to time, in its sole discretion, modify, update, alter, remove, add, and/or otherwise change the number of courses that are part of the total package without notice to you.

 

You will have access to the entire package of courses for a period of six (6) weeks from your date of purchase (“Access Term”). Access to the entire package shall be immediately available and the Access Term shall run concurrently for the entire package (6 courses available for 6 weeks). At the end of the Access Term, your access to the product(s) will be revoked without notice to you.

 

1. Intellectual Property – Limited License and Restrictions.

 

• You acknowledges and agree that Company’s name, products, services, program, course materials, and any logos, designs, text, graphics, software, content, files, materials, social media accounts and content, and any other intellectual property (including but not limited to trademarks, service marks, copyright, etc., whether or not formally registered) rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by the Company or its affiliates, licensors, or suppliers. You acknowledge and agree that the source and object code of certain Products and Services, and the format, directories, queries, algorithms, structure, and organization of the same are intellectual property, proprietary, and confidential information of Company and its affiliates, licensors, or suppliers.

 

• You expressly agree not to do anything inconsistent with Company's ownership of all of the intellectual property discussed herein. You further agree that there are no rights, title, or interest in or to any Products and Services, except as stated in this Agreement. In addition, except as expressly set forth in this Agreement, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary rights of Company or any third party.

 

• Your purchase of the Products and Services grants to you a one-time, limited, revocable, nonexclusive, non-sublicensable, non-transferable license to use the Products and Services purchased by you, FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY (“License”). The License is revocable and is deemed to be automatically revoked at the end of the Access Term. The License does not grant you a license to sell, rent, copy, share or otherwise transmit or disseminate the product(s) or any materials provided in connection with any Company product(s), with anyone else for commercial or non-commercial use. Any content from the Company product(s) shall not be reproduced, republished, uploaded, posted, transmitted, distributed or publicly displayed in any manner without written permission from the Company.

 

• Any violation by you of the license provisions contained herein may result in immediate termination of your License to use Company Products and Services, and your access to such use may be revoked without notice provided to you. In the event of your violation of any of the license terms contained herein, Company may charge your payment method pursuant to the “Prices and Payment Terms” section of these Terms, to collect damages resulting from your improper use of the License. We reserve all rights, title and interests not expressly granted under this License to the fullest extent permitted under applicable laws.

 

 

1. Returns and Refunds. Given the electronic nature of the Products and Services, all Products and Services purchased on the Site is final sale, non-returnable and non-refundable under any circumstances.

 

1. Disclaimer of Warranty. ALL PRODUCTS AND SERVICES OFFERED ON THE SITE BY COMPANY ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY THAT THE PRODUCT(S) ARE COMPLETE, FREE FROM ERRORS OR OMISSIONS, ACCURATE, OR UP-TO-DATE AT ALL TIMES; (B) WARRANTY OF MERCHANTABILITY; (C) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

 

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

 

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS.

 

1.  No Guarantee/Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH (i) ANY BREACH OF THESE TERMS; (ii) THE OUTCOME OF YOUR EXAM; (iii) YOUR USE AND/OR FAILURE TO USE THE PRODUCT(S); (iv) ANY ERRORS OR SYSTEM FAILURES IN THE USE OF THE PRODUCT(S); and (v) ANY OTHER MISUSE AND/OR FAILURE OF PERFORMANCE OF ANY KIND REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

 

YOU AGREE TO HOLD COMPANY, ITS OWNERS, SHAREHOLDERS, AFFILIATES, AND REPRESENTATIVES, HARMLESS FROM ANY DAMAGE, WHETHER TANGIBLE OR INTANGIBLE, THAT MAY HAPPEN TO YOU WHILE UTILIZING COMPANY PRODUCTS AND SERVICES. YOU AGREE THAT COMPANY OFFERS ITS PRODUCTS AND SERVICES WITH NO GUARANTEE OF RESULTS OF ANY KIND. YOU AGREE THAT ANY RESULTS THAT OCCUR DURING YOUR USE OF PRODUCTS AND SERVICES, WHETHER POSITIVE OR NEGATIVE, ARE THE EFFECTS OF YOUR OWN PERSONAL CHOICES.

 

YOU ACKNOWLEDGE THAT NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A PROMISE OR GUARANTEE FROM USING ANY PRODUCT(S) ON THE SITE AND THE COMPANY MAKES NO SUCH PROMISES OR GUARANTEES. YOUR USE OF THE COMPANY’S PRODUCTS IS AT YOUR OWN RISK AND IS FOR EDUCATIONAL PURPOSES ONLY. YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT RESPONSIBLE FOR YOUR SUCCESS OR LACK THEREOF.

 

THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL: (I) APPLY TO THE EXTENT PERMITTED BY LAW AND (II) NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

 

1. Indemnification. You acknowledge and agree to indemnify and hold the Company harmless, including costs and attorneys’ fees, from any claim or demand made against you related to, resulting from, and/or arising out of your use of Company Products and Services; your violation of the Terms; any misrepresentations made by you; any infringement of third party rights by you arising out of your use of Company Products and Services, such as any intellectual property or other rights of any person or entity arising out of or related to any Products and Services purchased by you in connection with Company Products and Services or offered by a third party through Company Products and Services.

 

1. Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for personal use and will not be shared with any third party or used for commercial purposes.

 

1. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy, https://chompdowndietetics.mykajabi.com/privacy-policy-5bd0a76c-9406-4ee0-95c8-a0be09571d4d, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

 

1. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

 

1. Governing Law and Jurisdiction. The Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in Los Angeles County, California.

 

1. Dispute Resolution and Binding Arbitration.

 

YOU AND CHOMP DOWN DIETETICS ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.  ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

 

In case of a dispute between the parties of this Agreement relating to or arising out of this Agreement, the parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the county and state noted in the “Governing Law and Jurisdiction” provision of this Agreement. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing federal laws as well as the laws of California. Each party shall pay their own costs and fees. Claims necessitating arbitration under this Section include, but are not limited to: contract claims, tort claims, claims based on federal and/or state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by Company will not be subject to arbitration and may, as an exception to this Section, be litigated. You, in agreement with this Section of this agreement, waive any rights you may have to a jury trial in regard to arbitral claims.

 

1. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent; provided, however, that Company may assign its rights or delegate its obligations, in whole or in part, without such consent and without prior written notice to you, to (a) one or more of its subsidiaries and/or affiliates, or (b) an entity that acquires all or substantially all of the business or assets of such party to which this Agreement pertains, whether by merger, reorganization, acquisition, sale, or otherwise. Any purported assignment or delegation in violation of this Section shall be null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

 

1. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Chomp Down Dietetics.

 

1. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

 

1. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
2. No Warranties. No warranties are given or implied by this Agreement.

 

1. Representation. You represent and agree that you are over eighteen (18) years of age and may legally consent to and enter into this Agreement.

 

1. No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

 

1. Entire Agreement. Our order confirmation, these Terms, the license agreement relating to any Products and Services you obtain on or through this Site, our Website Terms of Use and the Site Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms

Chomp Down Dietetics                      Website Privacy Policy

Last modified: July 21, 2023

 

Introduction

Chomp Down Dietetics ("Company" or "We") respect your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the website www.chompdowndietetics.mykajabi.com (our "Website") and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

• On this Website.
• In email, text, and other electronic messages between you and this Website.
• Through mobile and desktop applications you download from this Website, which provides dedicated non-browser-based interaction between you and this Website.
• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

• Us offline or through any other means, including on any other website operated by Company or any third party; or
• Any third party, including through any application or content (including advertising) that may link to or be accessible from or through the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 16

Our Website is not intended for children under 16 years of age. No one under age 16 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Website or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at [email protected].

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your State Privacy Rights for more information.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website, including information:

• By which you may be personally identified, such as name, postal address, email address, telephone number, and other information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device ("personal information");
• That is about you but individually does not identify you, such as; and/or
• About your internet connection, the equipment you use to access our Website, and usage details.

We collect this information:

• Directly from you when you provide it to us.
• Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, and other tracking technologies.
• From third parties, such as the third-party platform, Kajabi, or other third-party platform utilized to deliver access of any purchased product(s) and/or service(s) to you.

Information You Provide to Us 

The information we collect on or through our Website may include:

• Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, purchasing products and/or services, posting material, or requesting further services. We may also ask you for information when you report a problem with our Website.
• Records and copies of your correspondence (including email addresses), if you contact us.
• Your responses to surveys that we might ask you to complete for research purposes.
• Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
• Your search queries on the Website.

You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Although we may limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies 

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
• Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Website according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
• Web Beacons. Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
• Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.

Third-Party Use of Cookies

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

• To present our Website and its contents to you.
• To provide you with information, products, or services that you request from us.
• To fulfill any other purpose for which you provide it.
• To provide you with notices about your account.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to our Website or any products or services we offer or provide though it.
• To allow you to participate in interactive features on our Website.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.

We may also use your information to contact you about our own and third parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, please contact us directly at [email protected]..

For more information, see Choices About How We Use and Disclose Your Information.

We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our Website users is among the assets transferred.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply our Terms and Conditions   https://chompdowndietetics.mykajabi.com/terms-of-use and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
• Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties' products or services, you can opt out by sending us an email stating your request to [email protected]. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt-out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.

We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

Residents of certain states, such as California, Nevada, Colorado, Connecticut, Virginia, and Utah may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.

 

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Website and visiting your account profile page.

You may also send us an email at [email protected] to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users.

Residents of certain states, such as California, Nevada, Colorado, Virginia, and Utah may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.

Your State Privacy Rights

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. To learn more about California residents' privacy rights, visit https://oag.ca.gov/privacy/ccpa. California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected].

Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:

• Confirm whether we process their personal information.
• Access and delete certain personal information.
• Data portability.
• Opt-out of personal data processing for targeted advertising and sales.

Colorado, Connecticut, and Virginia also provide their state residents with rights to:

• Correct inaccuracies in their personal information, taking into account the information's nature processing purpose.
• Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.

To exercise any of these rights, or to  appeal a decision regarding a consumer rights request please send an email to [email protected]

Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request via email or postal mail directly to us. However, please know we do not currently sell data triggering that statute's opt-out requirements.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Any payment transactions will be encrypted using SSL technology.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, we will notify you by email to the email address specified in your account and/or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

[email protected]