Thank you for your interest in the Peaceful Eating Method. Please read this information carefully. This Agreement (“Agreement”) governs the terms and conditions for the client (“Client” “you” “their” “they”) of The Peaceful Eating Method (“Program”) (“PEM” ) (“program”) Peaceful Eating Coaching Session (“Sessions”), and the PEM Graduate Membership (“membership”) created and facilitated by Claire Ketchum, LLC (the “Company”).
By visiting and using The Peaceful Eating Method Membership Site (“Site”) you agree that your use of our Site, participation in our Program, and use of Program Materials is governed by the following terms and conditions, together with our Terms of Service and Privacy Policy.
By purchasing The Peaceful Eating Method, additional Peaceful Eating Coaching Sessions or joining the PEM Graduate Membership the Client acknowledges and confirms that the Client has read, understands, agreed to and accepts all of the terms and conditions in this Agreement.
Agreement
Program Delivery
The Peaceful Eating Method is a 12-week program.
The learning lessons and action tasks can be accessed through The Peaceful Eating Method Membership Site.
Access to PEM will be delivered on the Monday after payment is received and The Peaceful Eating Method contract is signed and returned.
The Company has the right to modify the Program at any time for any reason and will ensure that the Client is provided with applicable updates if they are within the Program duration.
Ongoing Access
Once the Client has purchased the PEM they have ongoing access to The Peaceful Eating Method Membership Site for as long as it exists.
Group Coaching
The group coaching calls will be held on Zoom and the recording can be found in the PEM Facebook Community.
It is the Client’s responsibility to attend the group coaching calls. If the Client chooses not to attend the group coaching calls, the Client forfeits those calls and no refund will be given.
Additional health coaching support is offered in the PEM Facebook Community. The Client can post questions at any time, and the Company will do its best to address every question. However, there is no guarantee that every question will be answered.
Email support is not included in the program.
Limited Access
The Client may remain a member of the “PEM Facebook Community” and attend the group coaching calls for twelve weeks. At the end of twelve weeks, the Client will be removed from the PEM Facebook Community and no longer be able to participate in the group coaching calls.
The Company will be closed for a week once per quarter. The Company will be unavailable in the “PEM Facebook Community” and no group coaching calls will be held. If the Company is closed during the Client’s weeks 1-12, then the Client is able to attend one of the weekly group coaching calls in week 13. If the Client is eligible but chooses not to attend a call in week 13, they forfeit this call and no refund will be given.
PEM Graduate Membership (Continued Optional Access)
At the end of the 12 weeks, the Client can choose to enroll in The PEM Graduate Membership which allows continued access to the PEM Facebook Community to ask questions, get support, celebrate wins, and be held accountable. The Client will also be able to participate in 2 group coaching calls per month.
It is the Client’s responsibility to attend 2 group coaching calls per month. If the Client chooses not to attend 2 group coaching calls during the month, the Client forfeits the calls and no refund will be given.
The Client will have continued access until they choose to cancel the PEM Graduate Membership or fail to pay the monthly membership fee.
The PEM Graduate Membership will automatically renew each month unless canceled. The Client may cancel by emailing support@claireketchum.com two business days before the renewal date.
If the Client fails to cancel on time, no refund will be given.
Sustainable Success Call (1:1)
The Peaceful Eating Method includes one 1:1 Sustainable Success Call. It is the Client’s responsibility to schedule this call.
Typically this call is scheduled a week after the Client’s graduation. However, if the Client chooses to schedule it earlier, they do not receive another call.
The Client has 4 weeks from their graduation date to schedule their Sustainable Success Call. If the Client does not schedule a call within those 4 weeks, they forfeit the call and no refund will be given. Any call booked after 4 weeks from the Client’s graduation date will be canceled by the Company.
Missed Sustainable Success Call
It is the Client’s responsibility to reschedule the Sustainable Success Call 24 hours before the Sustainable Success Call if there is a conflict. If the Client fails to attend the Sustainable Success Call, the Client will be unable to reschedule the Sustainable Success Call and no refund will be given.
Peaceful Eating Coaching Session (Optional 1:1 Coaching Session)
The Program does not include Peaceful Eating 1:1 Coaching Sessions. However, at any point, the Client can choose to purchase a Peaceful Eating Coaching Session for additional support during the 12 weeks of the Program or after they graduate from the Program.
The Peaceful Eating 1:1 Coaching Sessions are 50 minutes. The purpose of the Session is for the Company to offer general support and guidance to the Client or to facilitate an Emotional Freedom Technique Tapping Session.
It is the Client’s responsibility to set the general agenda for the Session.
Scheduling Sessions
It’s the Client’s responsibility to schedule the Sessions using the Acuity Scheduler. If the Client purchased Sessions, the Client has 180 days to schedule the Sessions. At the end of the 180 days, the Client will no longer be able to schedule a Session and no refund for unused Sessions will be given.
Missed Sessions
It is the Client’s responsibility to reschedule the Session 24 hours before the Session if there is a conflict. If the Client fails to attend the Session, the Client will be unable to reschedule the Session and no refund will be given.
Payments
All program fees are subject to applicable taxes.
Access to PEM will be delivered on the Monday after payment is received in full or the first installment is received.
If the Client chooses the payment plan, they will be charged the initial payment at the time of enrolling, followed by installments every 30 days for the remaining months, on the same day of the month.
If the Client chooses the monthly payment plan, they are responsible for ensuring that their account remains in good standing for the entire duration of the Program.
Missed Payment
In the event that there is a problem with the payment transaction or method, the Client will be notified by e-mail and then have a 72 hour grace period to make the payment following the due date, whether paying in full or by installment, otherwise the Program will be put on hold and will remain until the account has been brought up to date.
If no payment is made within a two-week grace period, the Program will be automatically terminated and no refund will be provided.
Refund Policy
No refunds of any kind will be issued for the Peaceful Eating Method including deposits or any partial payments.
If the Client does not attend group coaching calls the Client forfeits those calls and no refund will be given for attending fewer or no group coaching calls.
The Client has 4 weeks from their graduation date to schedule their Sustainable Success Call. If the Client does not schedule a call within those 4 weeks, they forfeit the call and no refund will be given. Any call booked after 4 weeks from the Client’s graduation date will be canceled by the Company.
If the Client decides to withdraw from The Peaceful Eating Method for any reason whatsoever, they will still remain fully responsible for the full cost of the Program, and no refund will be provided.
No refunds of any kind will be issued for the Peaceful Eating Coaching Session.
If the Client purchased The Peaceful Eating 1:1 Coaching Package or one Peaceful Eating Coaching Session, the Client has 180 days from the date of purchase to schedule the Session(s). At the end of the 180 days, the Client will no longer be able to schedule a Session and no refund for unused Sessions will be given.
If the Client fails to attend the Session, the Client will be unable to reschedule the Session and no refund will be given.
No refunds of any kind will be issued for the PEM Graduate Membership.
It is the Client’s responsibility to attend 2 group coaching calls per month. If the Client chooses not to attend 2 group coaching calls during the month, the Client forfeits the calls and no refund will be given.
The Client will have continued access until they choose to cancel the PEM Graduate Membership or fail to pay the monthly membership fee.
The PEM Graduate Membership will automatically renew each month unless canceled. The Client may cancel by emailing support@claireketchum.com two business days before the renewal date. If the Client fails to cancel on time, no refund will be given.
Customer Service
Intellectual Property Rights
The Company retains all ownership rights to the materials provided to the Client through their participation in the Program. The copyrighted and original materials shall be provided to the Client for their individual use only and with a single-user license. The Clients are not authorized to share, copy, distribute, or otherwise disseminate any materials received from the Company electronically or otherwise. All intellectual property, including the copyrighted Program materials, shall remain the sole property of the Company, and no license to sell or distribute our materials is granted or implied. The Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial or personal purposes, any portion of the Program, including any of the Program materials. User names and passwords may not be shared with any third parties. Any violation of the Company’s policies regarding content usage shall result in the immediate termination of the Client’s enrollment without refund.
License
As the Client, your use of and access to the Program Materials “Program” is on a licensed basis. The “Company” hereby grants to you and you hereby accept the non-exclusive right, license and privilege to use. As the license is granted directly to you, there is no authorization to sublicense to any other individual and/or company. The license to the Program Material “program” is valid for a one (1) year period. As the client, you will continue to have on going access to the Alumni Program “client portal”.
You the Client agree to:
(a) constantly use your best efforts in the use of the Program Materials in a way to protect the good name and goodwill associated with the Program Material and Company.
(c) not to attack the title of Company in and to the Program Material nor attack the validity of the license granted hereunder;
(d) not harm, misuse or bring into disrepute the Program Material and Company, but to the contrary, will maintain the value and reputation thereof to the best of your ability;
(f) at all times comply with all applicable government laws and regulations, and all voluntary industry standards relating or pertaining to the use of the Programs and Materials, and shall maintain appropriate customary high-quality standards. You shall also abide by the Company’s suggestions and specifications regarding quality control over the use of the Program Material.
The license granted herein does not grant you any right, title, or interest, at law or in equity, in or to any of Company’s trademarks, service marks, copyrights, copyrighted material, or any derivative uses thereof or, the name or images of Claire Ketchum, trade secrets or other rights or intellectual property of any kind, except as provided by said license. Further, such license applies only to those Program Materials designated herein. You shall not represent to others, or conduct yourself in any manner that might indicate to others, that you possess any other legal or equitable rights in our Program Material, Trademarks, copyrighted materials, trade secrets, or other rights or intellectual property of any kind other than by virtue of the license granted hereunder.
The Company shall have the right to approve all uses of the Program Material or derivative uses thereof.
The Company shall have and hereby reserves all rights and remedies which it has, or which are granted to it by operation of law, to enjoin the unlawful or unauthorized use of the Program Material (any of which injunctive relief may be sought in the courts, and also may be sought prior to or in lieu of termination), and to be compensated for damages for breach of this Agreement.
This agreement entitles you to install and use one copy of the Program Material. Multiple copies, use, or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Program Material. For further information regarding multiple copy licensing of the Program Material, please contact: support@claireketchum.com
Without first obtaining the express written consent of Claire Ketchum, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease or sublicense or otherwise transfer your rights to the Program Material.
You may not decompile “reverse-engineer”, disassemble, or otherwise attempt to derive the source code for the Program Material.
You may not modify the Program Material or create any derivative work of the Program Material or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Program Material. You may not reproduce the database portion or create any tables or reports relating to the Program Material.
You may not copy any part of the Program Material except to the extent that licensed use.
Dispute Resolution
All disputes arising under or concerning this Agreement are to be submitted to binding arbitration, in Washington Depot, Connecticut, to be resolved in accordance with the laws of Connecticut, United States.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
Interactive Features
It is a condition of you the Client’s use of the Site and participation in the Program that you do not
- Restrict or inhibit any other user from using and enjoying the Site.
- Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
- Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
- Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
- Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
- Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary rights, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
- Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
- Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
- Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
- Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
The Company may host Facebook groups, message boards, chats and other public forums. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. The Company or its designated agents may remove or alter any user-created content at any time for any reason. Groups, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by the Company staff, the Company’s outside contributors, or by users not connected with the Company, some of whom may employ anonymous user names. The Company expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants and do not reflect the opinions of the Company or any of its subsidiaries or affiliates.
The Company has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, the Client acknowledges and agrees that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
Privacy & Confidentiality
We respect your privacy and must insist that you respect the privacy of fellow Program participants.
We respect your confidential and proprietary information ideas, plans and trade secrets (collectively, “Confidential Information”) and must insist that you respect the same rights of fellow Program participants and of the Company.
Thus, you the Client agree:
- not to infringe any Program- participants or the Company’s copyright, patent, trademark, trade secret or other intellectual property rights;
- that any Confidential Information shared by Program participants or any representative of the Company is confidential and Proprietary and belongs solely and exclusively to the Participant who discloses it or the Company;
- not to disclose such information to any other person or use it in any manner other than in discussion with other Program participants during Program sessions;
- that all materials and information provided to you by the Company are its confidential and proprietary intellectual property belong solely and exclusively to the Company, and may only be used by you as authorized by the Company;
- the reproduction, distribution and sale of these materials by anyone but the Company is strictly prohibited;
- that if you violate, or display any likelihood of violating, any of your agreements contained in this paragraph the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
While you are free to discuss your personal results from our programs and training, you must keep the experiences and statements, oral or written, of all other participants in the strictest of confidence
Code of Conduct
Release of Liability
The Client hereby acknowledges that the Company facilitated by Claire Ketchum, LLC who is an educator and a health coach and not a licensed medical doctor, licensed primary care provider, licensed psychologist, licensed counselor, licensed therapist, certified personal trainer or certified nutritionist. By purchasing “PEM”, the Client understands the Company’s sole intention is to offer them the general education information requested.
The information provided in The Peaceful Eating Method is not medical advice and is not intended to, nor should it replace the advice and assistance of the Client’s doctor or other health care provider. Everyone’s situation is different, and since the Company does not know you personally, all of the information provided in the Program is for general informational purposes only.
Just as with any other diet or exercise program, before the Client uses any of the information in the Program, the Client should meet with their doctor to discuss their plans, how they fit with their personal situation, and whether they should be implemented. On an ongoing basis, the Client should seek immediate medical attention if they have any symptoms or adverse reactions to anything that they do. The Client should never disregard professional medical advice or delay in seeking professional advice because of information learned while participating in “PEM”.
The information contained in the Program material is strictly for educational purposes. Therefore, if you wish to apply the ideas contained in this material, you are taking full responsibility for your actions. We assume no responsibility for errors or omissions that may appear in any Program Materials.
The Program does not warrant, either expressly or by implication, any aspect of the Program nor is it responsible for the weight loss or other success of the Program. The Client confirms and agrees that they are wholly responsible for the progress and results and that the Program and the Company offer no warranties or guarantees of weight loss or results of any kind. The Company does not warrant or guarantee that the Client will achieve any level of result or success using any of the materials provided by or created by the Program or Company. Any example of weight loss or other health success does not serve as a warranty or guarantee for any Client in the Program.
In consideration of the Clients participation in the Peaceful Eating Method facilitated by Claire Ketchum the Client hereby accepts all risk to their health and of injury or death that may result from such participation and the Client hereby release the above named individual and Company, from any liability to them, their personal representatives, estate heirs, next of kin, and assigns for any and all claims and causes of their death, that may result from or occur during their participation in the Program with the Company, whether caused by negligence or otherwise. The Client further agrees to indemnify and hold harmless Claire Ketchum and the Company from liability for the injury or death of any person (s) and damage to property that may result from their negligent or intentional act or omission while they participate in the described Peaceful Eating Method.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)
YOU, THE CLIENT, SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY. MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
YOU, THE CLIENT, HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND IT TO BE A RELEASE OF ALL CLAIMS AND CAUSES OF ACTION FOR YOUR INJURY OR DEATH OR DAMAGE TO YOUR PROPERTY THAT OCCURS WHILE PARTICIPATING IN THE PEACEFUL EATING METHOD PROGRAM AND IT OBLIGATES YOU TO INDEMNIFY THE PARTIES NAMES, CLAIRE KETCHUM AND THE COMPANY FOR ANY LIABILITY FOR INJURY OR DEATH OF ANY PERSON AND DAMAGE TO PROPERTY CAUSED BY YOUR NEGLIGENT OR INTENTIONAL ACT OR OMISSION. I HAVE READ, UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS SET OUT IN THE ABOVE AGREEMENT AND RELEASE.
By purchasing The Peaceful Eating Method, additional Peaceful Eating Coaching Sessions, or joining The PEM Graduate Membership the Client acknowledges and confirms that the Client has read, understands, agreed to and accepts all of the terms and conditions in this Agreement.
Website Terms and Conditions
IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE (“TERMS”) BEFORE USING THIS WEB SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
Thank you so much for visiting the claireketchum.com website. Claire Ketchum Company’s (hereinafter also referred to as “the Company” or “we,” “our,” or “us”) goal and mission is to help you get out of the dieting cycle for good by helping you create healthy habits for a lifetime. The Company owns or controls, and provides access to, claireketchum.com (however accessed and/or used, whether via personal computers, mobile devices or otherwise) or other interactive features that are accessible or downloadable through claireketchum.com and that link to these TERMS (collectively, “website”).
- You agree to these TERMS by accessing or using the website, registering for services offered on the website, or by accepting, uploading, submitting or downloading any information or content from or to the website. Your use of the website is subject to these terms, which may be updated by us from time to time without notice to you. It is important for you to refer to these terms from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to these terms. Your use of the website constitutes your acceptance of these terms. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE WEBSITE.
- The information provided on the website is not medical advice and is not intended to, nor should it, replace the advice and assistance of your doctor or other health care provider. I am not a physician, psychologist, diabetes manager or licensed health care provider. Everyone’s situation is different, and since I don’t know you personally, all of the information provided on the website is for general informational purposes only. Just as with any other diet or exercise program, before you use any of the information on the website, you should meet with your doctor to discuss your plans, how they fit with your personal situation, and whether they should be implemented. On an ongoing basis, you should seek immediate medical attention if you have any symptoms or adverse reaction to anything that you do. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on the website.
- For the reasons set forth above, you agree that Claire Ketchum Company, its individual members or affiliates, or any third party providing content or tools on the website are not responsible for any losses or damages that might occur from your use of the information contained on the website or accessible from the website and you further agree that we do not guarantee or endorse the suitability or results of the services we provide or the information displayed on the website.
- The website and services we provide are for adults only, not children (persons under the age of 18). The website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. If you live in a place where this type of information is not allowed then you cannot use the website.
- The website contains intellectual property including, but not limited to, materials, logos, copy, graphics, text, logos, page headers, images, audio, video, source code, domain names, trade names, service marks, and any and all copy writable material that is protected by the laws of the United States as well as international law. You may not publish, re-transmit, distribute, or otherwise make unauthorized use of the content and material on the website except as permitted under the applicable laws. If you wish to use any of the intellectual property found on this website, please contact Claire Ketchum Company to discuss the specific terms of use by sending an e-mail inquiry describing your intended use and scope to coachingwithclaire@gmail.com. If you want to link back to my site, please send me a courtesy email to the address set forth above
- If you provide the website with your email address you have expressly granted us the right to contact you via email. You agree that you have opted-in to receive our newsletter by providing your first name and email address on our website. If you do not wish to receive e-mail from us, simply click on the unsubscribe link at the bottom of each newsletter.
- Certain products or Services may be offered for sale on our website. In the event you wish to purchase or to subscribe for any of these products or Services, you will be asked by our website or an authorized third party to supply certain information, including without limitation, your full name, address, telephone number and credit card information. You agree to provide our website or such third party with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchase of the product or Service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
. No transformations or weight loss is guaranteed and no refunds will be given for any of the products or Services offered on this website.
- The website may contain hyperlinks to other websites (“Other Sites”). If you use the hyperlinks to access these Other Sites, you will leave the website and your browser will be re-directed to the Other Sites. The Other Sites may have their own terms of service and privacy policy and those Other Sites may have different practices and requirements than the website. The Company is not responsible for the content presented by any Other Site and does not endorse the operator. The Company also does not warrant or make any representation regarding the legality, accuracy, or authenticity of content presented by Other Sites.
- Any conduct by you on our website or social media links (“Sites”) that we believe, in our sole discretion, restricts or inhibits any other user from using or enjoying our Sites will not be permitted and the posting will be removed from the Sites. You agree to use our Sites only for lawful purposes. You will not use the Sites to upload, post, e-mail, transmit, display, distribute, promote, or otherwise make available: (i) any material that is false, unlawful, threatening, tortuous, disparaging (including disparaging of the Company, its parent, subsidiaries or affiliates), anything that adversely affects Company business such as discouraging any person or entity from advertising with, linking to or supplying Company, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, or that promotes violence, racial hatred, terrorism, or illegal acts, or is otherwise objectionable which is the Company’s sole discretion.
- Testimonials and emails from readers reflect the opinions and experiences of real users of the Company’s services and products, and are submitted to the Company voluntarily by customers. If you would like to submit a testimonial or email to the Company, you agree that it becomes the exclusive property of the Company, which for example includes the rights to reproduce, edit (for length but not general content), and/or publish the testimonial, which may include your name or initials and city/state/country of residence. Some customers that have submitted testimonials to the Company may have received a service as a “thank you” in appreciation for the time they invested to write or record their testimonials.
- WE, OUR MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS PROVIDE OUR WEBSITE AND SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. IN ADDITION, WE SPECIFICALLY DISCLAIM ALL WARRANTIES THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; WILL BE ACCURATE, ADEQUATE, RELIABLE, COMPLETE, AND WE DISCLAIM THE USEFULNESS OF ANY OF THE CONTENT. WE DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT; ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF CLAIRE KETCHUM. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT, OR ANY OF OUR SERVICES OR TOOLS. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SERVICES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CLAIRE KETCHUM DISCLAIMS ANY AND ALL SUCH WARRANTIES. IN NO EVENT SHALL WE, OUR MEMBERS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR YOUR USE OF THE WEBSITE. OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF A) THE AMOUNT YOU PAY TO US IN ANY ONE YEAR OR B) $100. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT CLAIRE KETCHUM’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
- If we decide not to enforce any of our rights under this Agreement, it doesn’t mean we have waived those rights or any other rights in any way whatsoever.
- The website and your agreements here are governed by the laws of Connecticut, without regard to that state’s conflict of laws provisions. By using the website you expressly agree that personal jurisdiction and venue are proper exclusively in the state and federal courts located in Connecticut. If any provision of this agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of the website in accordance with applicable law and the remainder of the Agreement shall remain in full force.
- If you have any questions about this or want to send us something, please feel free to contact us through our contact page.
Privacy Policies
Collection of Information:
This privacy policy applies only to information collected on the Site and does not apply to information collected by us through any other means. We collect Personally Identifiable Information and Non-Personally Identifiable Information.
“Personally Identifiable Information” is information that identifies you personally, such as your name, address, telephone number, email address, credit card number or company name. Claire Ketchum, LLC collects and stores the personally identifiable information that you have provided to us.
We collect Personally Identifiable Information from you when you register on the site, place an order, enter a contest or sweepstakes, respond to a survey, request free products, services or information, communicate through e-mail, or participate in another site feature.
When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information. We also collect information about gift recipients so that we can fulfill the gift purchase. You may, however, visit our site anonymously.
Non-Personally Identifiable Information:
“Non-Personally Identifiable Information” can be technical information or it can be demographic information, such as your age, gender or interests. Non-personally identifiable information does not identify you personally.
The type of information that may be automatically collected may include date and time of access of the Site, the Internet protocol address of the computer that you are using, the domain and host from which you access the Internet, your browser software and operating system, and the specific activities you are engaged in while visiting the Site.
Use of “Cookies” and Other Technologies: We may use “cookies” and/or other technologies or files (collectively, “cookies”) to identify how visitors make use of this Site. This aggregate tracking information may be used to help us improve and enhance the website experience for all of our visitors. If you would prefer not to have such cookies stored on your computer, you may modify your browser settings to reject most cookies, or manually remove cookies that have been placed on your computer. However, by so rejecting the cookies, you may be unable to fully access the offerings on this Site.
We collect the above non-personally identifiable information from all visitors to our Site. If you do not want us to have access to this information, please do not visit our Site.
Use of Information Collected Via the Site
We use your personally identifiable information that is collected on this Site primarily for the following purposes: to deliver services, such as educational programs, information, or newsletters you request or purchase; to alert you to special offers, updated information and other new services from Claire Ketchum, LLC, or other third parties, or to forward promotional materials; to complete a transaction or service requested by you; to fulfill the terms of a promotion; to ensure the Site is relevant to your needs; to help us create and publish content most relevant to you; to notify you about a material change to this privacy policy or the Visitor Agreement, if necessary; to allow you access to limited-entry areas of the Site; and to contact you in response to sign up forms such as Contact Us.
Non-personally identifiable information is used as described above and in other ways as permitted by applicable laws, including combining non-personally identifiable information with personally identifiable information (except with respect to non-personally identifiable information collected from children under the age of 13).
Sharing of Personal Consumer Information
Except as otherwise provided in this policy, we reasonably attempt to ensure that we never intentionally disclose any personal consumer information about you as an individual user to any third party without having received your permission (through opting in or similar procedures) except as provided for herein or otherwise as permitted or required under law.
We have the following exceptions to this policy: We will release specific information about you or your account to comply with any valid legal inquiry or process such as a search warrant, subpoena, statute or court order. We will also release specific information in special cases, such as if there is an attempted breach of the security of the Site or a physical or property threat to you or others. We may also transfer user information, including personal consumer information, in connection with a corporate merger, consolidation, the sale of related assets or corporate division or other fundamental corporate change. We may provide access to your personal consumer information to our contractors who are performing services for us in connection with our Site or the services that you have requested.
In addition, on occasion, we may collect personal consumer information from you in connection with optional contests, special offers or promotions. We will share such information with necessary third parties for the purpose of carrying out the contest, special offer or promotion. Your participation in the contest, special offer or promotion constitutes your consent to such disclosure and use of such information.
Further, the information you enter when making a purchase will be shared with payment processors, financial gateways and your credit card company to authorize credit card payments. Such information may also be shared with necessary third parties solely for the purpose of carrying out the transactions. If we have trouble processing an order, we’ll use this information to contact you.
Please note that if you give out personal information online in on one of our public forums that information can be collected and used by third parties. Although we strive to protect our users’ privacy, we cannot guarantee the security of information you post in these forums and have no control over how such third parties may use your information. You disclose such information at your own risk.
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your registration or password.
Except as described in this Privacy Policy or at the time we request the information, we do not otherwise use, share or otherwise disclose your personally identifiable information to any third parties. We may share non-personally identifiable information with third parties for marketing, advertising, or other uses.
International Transfer of Information
Collection and Use of Information from Children Under the Age of 13
We do not request or knowingly collect personally identifiable information online or offline contact information from users under 13; or knowingly use or share personal information from users under 13 with third parties.
It is possible that we may receive information given to us or pertaining to children under 13. If we are notified of this, as soon as we verify the information, we will immediately delete the information.
Sharing of User Content on the Site
Third Party Links
Security
No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to Claire Ketchum, LLC is done at your own risk.
We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.
Opt-Out
Your Access to and Control Over Information
Changes to this Privacy Policy
We reserve the right to change this privacy policy from time to time. If we decide to change our privacy policy, we will post those changes on this page. Policy changes will apply only to information collected after the date of the change. This policy was last modified on April 10, 2023.