Terms
TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The Website Standard Terms And Conditions contained herein on this webpage, shall govern your use of this Website, including all pages within this Website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.
COPYRIGHT
The entire content included in this Website including but not limited to text, graphics or code is copyrighted as a collective work under the United States of America and other copyright laws, and is the property of Eat Love Triathlon LLC. The collective work includes works that are licensed to Eat Love Triathlon LLC., ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this Website for the sole purpose of placing an order with Eat Love Triathlon LLC., or purchasing products from Eat Love Triathlon LLC.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Website solely for your own non-commercial use, or to place an order with Eat Love Triathlon LLC. or to purchase Eat Love Triathlon LLC. products.
Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Website is strictly prohibited, unless authorized by Eat Love Triathlon LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the Website.
TRADEMARKS
All trademarks, service marks and trade names of Eat Love Triathlon LLC used on the Website are trademarks or registered trademarks of Eat Love Triathlon LLC.
INTELLECTUAL PROPERTY NOTICE
All images, text, designs, graphics, trademarks and service marks are owned by and property of Eat Love Triathlon LLC, or the properly attributed party. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using our intellectual property immediately.
You may NOT use our intellectual property in any way, which includes republishing any text, image, design or other property on another website, or posting a quote or image from our site to any third party website including social media. We have spent lots of time and money building the intellectual property located on this site and in order to maintain the integrity of it, we cannot allow any third party use.
Online Course Intellectual Property
Limited License. Any and all materials, paid or free, that you access on this or any related domains that contain our offering are under the sole ownership or licensed use of Eat Love Triathlon LLC..
To be clear, we own our overall look and appearance, individual graphics, icons, videos, logos, taglines and trademarks (common law or federally registered). You are not allowed to reproduce any part of our website(s), program(s), product(s), service materials or related communications.
You are only receiving a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access any content or materials in the offering you have paid for or opted to receive. If you exceed the scope of this license, as determined by a legal authority such as a court of law or the Trademark Trials and Appeals Board, you have committed infringement in a manner that materially harms us, and we have the right to seek damages and/or an injunction to remedy the situation until we are made whole.
You may:
– Access the offering for your personal use (if additional members of your team need to access the offering, you must purchase additional offerings at one per each team member)
– Download and/or print any offering materials for your personal use in your business (if additional members of your team need to download and/or print any materials from the offering, you must purchase additional offerings at one per each team member)
– Use our trademarks and copyrighted materials with our consent and proper credit and marking, namely, citing ©Eat Love Triathlon LLC as the source of the materials and marking any federally registered trademarks with ® or common law trademarks with ™.
You may not:
– Re-sell or trade Your access to the offering
– Share the offering with anyone else who has not yet purchased it or opted in to receive it
– Reprint or republish any of the offering, in part or in whole
– Distribute any of the materials contained in the offering or related materials and/or communications as your own, otherwise known as stealing
– Reproduce and tweak any part or whole of the offering for distribution as your own work
– Claim ownership or use over any of our intellectual property without our prior consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos and more; trademarks such as names, logos, taglines or other unique source identifiers; or trade dress including the look and feel of the offering (and its related communications and materials)
– Use our offering or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s)
WARRANTY DISCLAIMER
This Website and the materials and products on this Website are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Eat Love Triathlon LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
Eat Love Triathlon LLC does not represent or warrant that the functions contained in the Website will be uninterrupted or error-free, that the defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or other harmful components.
Eat Love Triathlon LLC does not make any warranties or representations regarding the use of the materials in this Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
Eat Love Triathlon LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this Website or the performance of the products, even if Eat Love Triathlon LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
The information provided in or through this Website is for educational and informational purposes only and solely as a self-help tool for your own use.
NOT LEGAL OR FINANCIAL ADVICE
Eat Love Triathlon LLC., and it’s associates, employees and consultants are not attorneys, accountants or financial advisors, nor are we holding ourselves out to be. The information contained in this Website is not intended to be a substitute for legal or financial advice that can be provided by your own attorney, accountant, and/or financial advisor. Although care has been taken in preparing the information provided to you, we cannot be held responsible for any errors or omissions, and I accept no liability whatsoever for any loss or damage you may incur.
Always seek financial and/or legal counsel relating to your specific circumstances as needed for any and all questions and concerns you now have, or may have in the future. You agree that the information on our Website is not legal or financial advice.
PERSONAL RESPONSIBILITY
You aim to accurately represent the information provided to us on or through our Website. You acknowledge that you are participating voluntarily in using our Website and that you are solely and personally responsible for your choices, actions and results, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through this Website, and you agree to use your own judgment and due diligence before implementing any idea, suggestion or recommendation from our Website to your life, family or business.
CODE OF CONDUCT
You may not use Eat Love Triathlon LLC for any illegal or unauthorized purpose. In addition to the laws of the United States of America and the state of South Carolina, you also agree to comply with all local Charleston, South Carolina laws that apply to your use of the Website. You may not use the Website in any manner which could disable, overburden, damage, or impair the Website, or interfere with any other party’s use and enjoyment of the Website.
You agree that you are responsible for your own conduct and communications while using the Website and for any consequences of that use.
You agree that when using the Website, you will not post or upload any inappropriate, promotional, defamatory, destructive, obscene, or unlawful content; defame, abuse, harass, or otherwise violate the legal rights (such as rights of privacy and publicity) of others or upload dangerous or harmful files. Eat Love Triathlon LLC reserves the right to remove individuals from our community in instances of misconduct.
NO GUARANTEES
Eat Love Triathlon LLC is to support and assist you in reaching your own goals, but your success depends primarily on your own effort, motivation, commitment and follow-through. Eat Love Triathlon LLC cannot predict and does not guarantee that you will attain a particular result, and you accept and understand that results differ for each individual. Each individual’s results depend on his or her unique background, dedication, desire, motivation, actions, and numerous other factors.
You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through this Website.
PURCHASES AND SUBSCRIPTIONS
If you wish to purchase any product or service made available through the Website (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your name, phone number, email address, physical address, credit card information and geographic location. Please view our Privacy Policy for more information on how we use your personal information. Some parts of the Service are billed on a subscription basis as outlined on the sales and check out pages of the product. You will be billed in advance on a recurring basis as per the subscription agreement.
EARNINGS DISCLAIMER
Any earnings, income statements or examples shown through our Website are only estimates of what might be possible now or in the future. There can be no assurance as to any particular financial outcome based on the use of our Website. You agree that Kathleen and Don Oswalt or Eat Love Triathlon LLC are not responsible for your earnings, the success or failure of your personal or business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Website. You are solely responsible for your results.
INDEMNIFICATION AND RELEASE OF CLAIMS
You hereby fully and completely hold harmless, indemnify and release Eat Love Triathlon LLC and any of its agents, consultants, affiliates, team members, joint venture partners, employees, shareholders, directors, staff, team members, or anyone otherwise affiliated with the business from any and all causes of action, allegations, suits, claims, damages, or demands whatsoever, in law or equity, that may arise in the past, present or future that is in any way related to our Website.
ERRORS AND OMISSIONS
Although every effort is made to ensure the accuracy of information shared on or through this Website, the information may inadvertently contain inaccuracies or typographical errors. You agree that Eat Love Triathlon LLC is not responsible for the views, opinions, or accuracy of facts referenced on or through the Website, or of those of any other individual or company affiliated with our business or Kathleen and Don Oswalt in any way. Because scientific, technology and business practices are constantly evolving, you agree that Eat Love Triathlon LLC is not responsible for the accuracy of our Website, or for any errors or omissions that may occur.
NO ENDORSEMENT
References or links in our Website to the information, opinions, advice, programs, products or services of any other individual, business or entity does not constitute our formal endorsement. Eat Love Triathlon LLC is merely sharing information for your own self-help. Eat Love Triathlon LLC is not responsible for the Website content, blogs, e-mails, videos, social media, programs, products and/or services of any other person, business or entity that may be linked or referenced in our Website. Conversely, should our Website link appear in any other individuals, businesses or entities Website, program, product or services, it does not constitute our formal endorsement of them, their business or their Website either.
AFFILIATES
From time to time, we may promote, affiliate with, or partner with other individuals or businesses whose programs, products and services align with ours. There may be instances when we promote, market, share or sell programs, products or services for other partners and in exchange we may receive financial compensation or other rewards. Eat Love Triathlon LLC is highly selective and only promotes the partners whose programs, products and/or services we respect. At the same time, you agree that any such promotion or marketing does not serve as any form of endorsement whatsoever. You are still required to use your own judgment to determine that any such program, product or service is appropriate for you. You are assuming all risks, and you agree that Eat Love Triathlon LLC is not liable in any way for any program, product or service that I may promote, market, share or sell on or through our Website.
VARIATION
Eat Love Triathlon LLC shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
COMPLAINTS
Eat Love Triathlon LLC offers support to our clients and a complaints handling procedure which we will use to try to resolve disputes when they first arise, with a solution that is mutually agreeable to both the client and Eat Love Triathlon LLC. Please let us know if you have any complaints or comments at [email protected]
SEVERABILITY
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
ENTIRE AGREEMENT
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Eat Love Triathlon and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
By using our Website you are agreeing to all parts of the above Disclaimer. If you have any questions about this Disclaimer, please contact [email protected]m.
Program Policies
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Eat Love Triathlon LLC and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
PROGRAM
Eat Love Triathlon LLC, agrees to provide course content, identified as an online course aid, to help Clients with their wellness, nutrition, meal planning and general health advice. Client agrees to abide by all policies and procedures outlined in this Agreement as a condition of their participation in any of our programs.
DISCLAIMER
Client understands the information provided in this program is intended for general knowledge only and is not a substitute for medical advice or treatment for specific medical conditions. None of the services provided through Eat Love Triathlon LLC shall be used to diagnose or treat any health problem or disease. I cannot and do not provide medical advice. You should seek prompt medical care for any specific health issues. The information and recipes provided in this program should not be used in place of a consultation with your physician or other health care provider. I do not recommend the self-management of health problems. Should you have any healthcare related questions, please consult your physician or other health care provider promptly. You should never disregard medical advice or delay in seeking it because of the information provided in this program.
FINANCIAL OBLIGATION
Client is responsible for the completion of all payment plans associated with products they purchase. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency.
METHODS OF PAYMENT
We accept Visa, Mastercard, and American Express as a form of payment. If a client chooses to pay by monthly installments, he/she authorizes the monthly charge for the product on the client's credit card or debit card.
REFUNDS
We offer a 14-day money back guarantee on the βThe Plant Powered Process program. ANYTIME during 14 days you decide this program isn't for you just show us you did the work.
If you complete the Welcome and How to Navigate the Program Videos, along with Lesson 1, come to the weekly coaching call and you’re still not satisfied, we’ll happily refund your full payment. But we don’t think you’ll be asking for a refund.
The reason we give you 14 days to decide if this program is for you is because we can say with confidence that we truly believe you’ll love this program. It’s packed with so much between the program itself, the weekly coaching calls, the supportive community Facebook group AND me as your cheerleader.
Please contact us at [email protected].
Please note:
All returns and refunds are discretionary as determined by Eat Love Triathlon, LLC. If you have any questions, contact us at [email protected].
As mentioned above, all returns are discretionary. If you just download the Training Materials (PDFs, audios, videos, additional workbooks, and/or etc.), and then promptly ask for a return, we reserve the right to deny your request. Why? Because the point of the policy is to give people the chance to try the process, and if it doesn't work, they can get their money back. It wasn't designed to enable people to steal the Training Material.
LIFETIME ACCESS
Those that enroll in The Plant Powered Process have lifetime access to the program content along with any program updates and add ons.
CALL CANCELLATION/NO SHOW
We require a 24-hour notice to reschedule or cancel any appointment that is scheduled. If you have more than 3 cancellations or re-scheduled appointments you will be charged a fee of $75. If you “no show” without an explanation we reserve the right to charge your credit card a $75 fee and forfeit the session.
DECLINED PAYMENT
If you are set up for recurring payments and for some reason and we do not receive your scheduled payment due to a declined credit or debit card the following will commence:
If a payment is declined you will be sent an email immediately. You will have three days to bring your account up to date. If your account is not brought up to date within 3 business days, on day four you will be withdrawn from the program until the account balance is brought to zero.
OFFICE HOURS
Our office hours are Monday - Friday 9:00 am until 5:00 pm with the exception of holidays and/or vacation. If you need to reach us you may do so by emailing us at [email protected] and we will respond within 24-48 hours.
COMPLAINTS/COMMUNICATION
If you have a complaint about our services please email us at [email protected] and we will do everything to resolve that dispute or complaint as quickly as we can.
DISCOUNTS
From time to time Eat Love Triathlon LLC may offer special discounts. In order to receive the special discount you must do so with a discount code in the time frame specifically allotted.
For more information contact us at [email protected]
Eat Love Triathlon LLC
P.O. Box 80862
Charleston, SC 29416
