For good and valuable consideration of seventy-seven U.S. dollars ($77) Purchaser has agreed to purchase The Risely Nutrition and Blood Sugar Guide (hereinafter “Guide”). In exchange, Company agrees to provide the services outlined in the Guide Details below, and Guide Outline Addendum attached hereto.
- Purchaser agrees and understands that he/she is purchasing The Risely Nutrition and Blood Sugar Guide, a set of downloadable PDF guides. Purchaser acknowledges that he/she has explores what the guide includes and conducted any additional research necessary to feel he/she understands what is being provided in The Risely Nutrition and Blood Sugar Guide as well as what is not included. Purchaser agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on Company’s website.
- All information shared in this Guide, such as messages, images, advice, and any other material are for informational purposes only. No material in this guide is intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health care providers with any questions you may have regarding your treatment plan.
- Should Purchaser breach this provision and disclose confidential or proprietary information belonging to Company or another participating in the Guide, Purchaser understands additional action may be taken by Company up to and including legal action.
- Company may request Purchaser provide a testimonial to be published on Company’s website, or on various sales materials for this or another Guide created by Company. Purchaser understands that he or she is not required to give any testimonial, and understands that the choice to do so is freely up to Purchaser. There will be no ramifications or change in relationship between Company and Purchaser if Purchaser refuses testimonial.
- If Purchaser accepts and provides Company with a testimonial, Purchaser understands the material, along with a photo of Purchaser, will likely be published on Company’s website or otherwise. Should Purchaser agree to provide a testimonial, Purchaser will agree to review and sign an additional Release, confirming the same, and confirming Company’s rights to use Purchaser’s testimonial. No payment or additional services will be provided in return for Testimonial, and Purchaser understands he or she is granting Company an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to Company as part of a Testimonial.
Payment and Payment Plans
- Purchaser understands the cost of the Guide is seventy-seven U.S. dollars ($77) which is payable up front, in full, unless a discount code has been offered by Company, or otherwise arranged between Company and Purchaser. Purchaser agrees to render payment via Credit Card. Purchaser understands he/she is responsible for the full payment and agrees to pay the sum requested electronically, via Company’s website or a designated third party payment processor of Company’s choosing, in full. Absent an agreement regarding a payment plan with Company’s, Purchaser must complete payment in full before becoming entitled to any products or services included within the Guide.
- If Company has offered a payment plan, Purchaser agrees to abide by the rules and payments as explained on Company’s sales page. Should Purchaser fail to make timely payments, or if additional payments are not able to be processed, Purchaser understands: the reminder of the Guide may be forfeited if payment is not made within four days of the date it is due.
- Company reserves the right to cancel or cease working with Purchaser should he/she fail to make additional payments in accordance with the payment plan as agreed upon at the beginning of the Guide. Should this occur, Purchaser understands she is not entitled to a refund of funds already issued to Company in exchange for work completed thus far, and it is up to the sole discretion of Company whether Purchaser is to have continued access to any materials made available to Purchaser during the Guide up until payments were missed.
- If Purchaser and Company have not agreed upon a payment plan, Purchaser understands one is not available, and agrees to provide payment in full, upfront, in the manner(s) designated on Company’s sales page.
- Due to the subjective nature of the Guide provided by Company, and Company’s inability to control Purchaser’s availability, motivation, external forces, financial situation, or level of engagement in Guide, Company is not able to offer refunds once Purchaser has purchased the Guide. If Company is somehow unable to provide services as outlined on the sales page, regardless of Purchaser results, Company or his/her team will be in touch regarding rescheduling, and/or discussing an alternative form of services, in order to fulfill obligations.
- Purchaser further agrees and understands that changing his/her mind about the Guide, failing to follow through or understand the details of the Guide, not experiencing the results he/she expected or desired, or experiencing any other similar situations does not entitle her to a refund.
Medical Disclaimer – Not Medical or Professional Advice
- The information in this Guide is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. All content, including text, graphics, images and information, contained on or available through this Guide is for general information purposes only.
- Purchaser understands there are no individual treatment or medical-based plans to the Guide, and it is not meant for those who are in need of (or think they may be in need of) medical services. Company is not attempting nor suggesting Purchaser enroll in a Guide in place of a personalized consultation with a medical professional in your geographical area.
- All information in this Guide including, but not limited to, menu plans, recipes, and tools were created by Nationally Board Certified Health Coach Lauren Bongiorno and Registered Dietitian Nutritionist and CDCES, Taylor Scott. Nothing presented in the Guide creates a professional-patient or client relationship between you and the creators of this guide.
- Company encourages Purchaser to consult a physician if he/she suspects he/she may benefit from such services. We will assume that all individuals choosing to purchase the Guide will have previously obtained clearance and permission from their applicable personal medical physician and have concluded that the companying Guide offered is right for them. Nothing contained within the Guide is intended to diagnose, cure, treat, or prevent any medical condition or disease, nor is it to be considered medical advice in any capacity.
- Purchaser understands and agrees that he/she is voluntarily choosing to purchase the Guide, and is solely responsible for any outcomes or results. While Company believes in their services and that the Guide is able to help many people, Purchaser acknowledges and agrees that Lauren Bongiorno Enterprises, Inc. is not responsible nor liable to Purchaser should Purchaser sustain any injuries, incur harm, or encounter any negative ramifications. Purchaser agrees that he/she is fully responsible for his/her health and well-being, including participation in Guide and any results therein.
Disclaimer /No Guarantees
- While many of Company’s past and current Purchasers have experienced positive outcomes from the Guide, and company and his/her team will act in their full capacity to ensure your success and happiness in the Guide, company cannot guarantee results of the Guide, and cannot make any representations or guarantees regarding individual results. Purchaser will hold company and Guide harmless if he or she does not experience the desired results.
- Purchaser understands that all services provided by company in connection with the Guide being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Purchaser is choosing to purchase this Guide and work with the company on a purely voluntary basis and does not hold the Company or Guide responsible should the Purchaser become dissatisfied with any portion of the Guide.
- Purchaser agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the Guide, as long as company delivers the Guide as described in the Guide Outline Addendum below, or similar substitutes, upon additional agreement by company and Purchaser.
- Purchaser also understands the Company is not a doctor, nurse, lawyer, financial adviser, psychic, licensed therapist, or otherwise, and agrees to hold company harmless should any physical, emotional, or financial injury occur as a direct or indirect result of the Guide. The content provided by company on his/her website and within the Guide is comprised of information that has worked for Company and other Purchasers, and may or may not be useful to Purchaser in his/her personal business or life. Purchaser understands the Company cannot guarantee results from this Guide, and has no expectation of a specific result that he or she holds the company responsible for.
- Purchaser also understands he or she is purchasing the Guide and participating freely and voluntarily. The information contained within the Guide may not be suitable for all persons and all diabetes health levels, and Purchaser understands he or she is required to modify accordingly, based upon his or her diabetes experience, and instructions by physician.
Waiver/Assumption of the Risk
- Purchaser understands he/she is entering into a Guide for the purpose of achieving a desired health and/or fitness goal through the company's Guide. Purchaser confirms he/she is entering into this Guide voluntarily and of his/her own free will.
- Purchaser certifies he/she has or will be evaluated by his/her personal physician and obtain medical clearance prior to beginning any fitness, exercise, diet, health or wellness-related Guide with the Company. If Purchaser elects not to obtain this medical clearance prior to beginning the Guide, he/she understands the potential injuries and ramifications of such actions, and agrees not to hold the Company responsible for any such injuries or negative consequences.
- Purchaser understands Guide may include elements of diet and exercise, which bring inherent risks of illness, injury, or other similar unanticipated consequences. Purchaser agrees he/she is aware of and assumes these risks in order to voluntarily proceed with the Company's Guide. Should any such incidents occur, Purchaser understands it is of no fault or responsibility of company, and agrees company is not liable.
- Purchaser agrees and understands that company has created numerous original, creative works in connection with the Guide, and agrees that company maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in the Guide, whether created prior to working with Purchaser or specifically for Purchaser, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by company. Purchaser agrees she may be granted a limited right to use selected materials in the course of his or her own business, but understands that the original proprietary rights remain with the Company. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from company to Purchaser, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Guide.
- Purchaser agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by company or obtained through working with company, without company’s express written consent. If such behavior is discovered or suspected, the Company reserves the right to immediately end Purchaser’s participation in the Guide without refund, as well as access to any Guide or materials Purchaser may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
- Licensee Rights: company’s Limited License to Purchaser: Purchaser understands that in purchasing the Guide, she/he is gaining access to view all content and information available as part of the Guide, as well as any additional information or content shared with him/her by the Company as she sees fit. Purchaser understands this means he/she will have been granted a limited, revocable, non-transferable license to read and use the information provided for use in his/her business and life, as instructed or allowed by the Company. As a “Licensee,” Purchaser understands and agrees that Purchaser will not:
- Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without written permission by company;
- Post, distribute, copy, steal or otherwise use any portion of the Guide or its content, or information obtained via other members in the group Guide without written permission by the Company, and understand that any such use may constitute infringement, which may give rise to a cause of action against Purchaser.
- Claim any content created by company as part of the Guide or otherwise given to Purchaser is his/her own, meaning he/she cannot claim any content created by company was Purchaser’s work, and use in his/her business as his/her own.
- Share purchased materials, information, content with others who have not purchased them.
- Purchaser further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitute infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.
- This Agreement is the intellectual property of Christy Westerfeld, Esq. and may not be used (in whole or in part) without express, written permission from Ms. Westerfeld. Unauthorized use may constitute copyright infringement and may be prosecuted to the full extent of the law.
- Purchaser agrees at all times to defend, fully indemnify and hold company and any affiliates, agents, team members or other party associated with company harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Purchaser’s use of Guide, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Purchaser’s participation in Guide. Should the company be required to defend herself in any action directly or indirectly involving Purchaser, or an action where we decide Purchaser’s participation or assistance would benefit the Company's defense, Purchaser agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by the Company, free of charge.
- Should a dispute arise between company and Purchaser, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Purchaser agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold the Company responsible for any specific results, or those results which have been achieved by other Purchasers of the Company.)
- If unable to reach a resolution informally, Purchaser and company agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in New York, NY within a reasonable amount of time. Purchaser and company agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgment of law or decree.
- This Agreement shall be governed by and under control of the laws of New York regardless of conflict of law principles, and regardless of location of Purchaser. Purchaser understands this and agrees that the laws of New York are to be applicable here.
This agreement is not to be altered, amended, changed, extended, or considered waived without execution of an additional addendum signed by both Purchaser and company, or a party authorized to sign on behalf of either party.
PROGRAM OUTLINE ADDENDUM
Purchaser understands, acknowledges, and agrees he/she is purchasing the The Risely Nutrition and Blood Sugar Guide. Once the Guide is purchased, Purchaser will have access to all PDF’s and materials and may access and work through them at his/her own pace. Guide includes the following:
- Two (2) PDF downloads with recipes and a 7 day plan
- Lifetime access to the Guide and any updates that are made available
- These PDF’s are intended to release proprietary information created by the Company for personal benefit of Purchaser. Purchaser agrees and understands that he/she is not to share, copy, distribute, or otherwise use (other than that which is expressly allowed) the information provided to her as a result of her participation in the Guide.