Please read these Terms of Service for the CleanbodyTM Essentials Membership (the “Terms of Service”) carefully. You are agreeing to these Terms of Service by purchasing, enrolling in, accessing or using CleanbodyTM Essentials (the “Membership”), which is owned and operated by NaturalStart Naturopathic Family Medicine, Inc. dba Cleanbody (“Cleanbody”, “we”, “our” or “us”), wherever the Membership is hosted, whether on a website operated by Cleanbody, or on a third-party website or platform including Healthie.com. The term “you” refers to any purchaser, user and/or participant of the Membership.
By purchasing or using the Membership, you accept and agree to these Terms of Service, and you are required to act in accordance with them, whether or not you have read them. If you do not want to agree to these Terms of Service, you must not purchase or use the Membership or any portion thereof.
These Terms of Service state how you may use the Membership, including any and all materials made available to you in the Membership. This includes, without limitation, the words, design, layout, look, appearance, graphics, photos, images, information, materials, documents, data, videos and video files and recordings, voice/audio files and recordings including downloadable Mp3 audio files, webinars and recorded webinars, emails, downloadable PDFs, worksheets, workbooks, forms, guides, questionnaires, e-books, handouts and slides, and all other similar materials and all other information and intellectual property accessible on or through the Membership and any website or e-mails we may use to distribute or host the Membership or any part thereof, as well as the look and feel of all of the foregoing (collectively, the “Membership Content”).
These Terms of Service require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using the Membership and Membership Content that you are waiving certain legal rights and you are voluntarily agreeing to do so.
1. Information and Education Only; Not Medical Advice
The Membership is for informational and educational purposes only and is not to be perceived as or relied upon in any way as medical advice for any individual. The Membership is not a substitute for individualized medical advice, but rather, it is designed to empower participants with the tools and education to help lessen their toxic load.
The Membership is NOT intended as, and must not be understood as or construed as, medical care or advice, the practice of medicine, the practice of dietetics or nutrition therapy, the practice of counseling care including, without limitation, psychiatry, psychology, psychotherapy, or as providing any form of medical diagnosis or treatment. Furthermore, the Membership is not intended to and does not diagnose, treat, cure, or prevent any disease or medical condition.
While Dr. Diane Angela Fong, ND is a naturopathic doctor licensed in the State of California, and the Membership educates participants about a naturopathic approach to health, it is only educational, and NO naturopathic medical services are provided on or through the Membership. Information presented in the Membership is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. For example, any discussions of dietary or herbal supplements, lifestyle changes, ways to reduce exposure to toxic chemicals, sample treatment protocols for any conditions, or any other information provided are for information only and should never be used for self-treatment.
Your enrollment in the Membership, including your access to information provided in the Membership or implementation of any suggestions set out in the Membership or Membership Content, DOES NOT create a doctor-patient relationship between you and Dr. Diane Angela Fong, ND, or any doctor or professional that may be associated with the Membership.
The Cleanbody Funnel Assessment does not provide any medical diagnosis. This assessment is designed as an educational tool to help you uncover the factors that may be causing your detox funnel to get clogged. Based on your answers, this tool will educate you about possible ways to address these factors with diet and lifestyle modifications, environmental toxin cleanup, emotional release therapy, detoxification, and regenerative modalities.
You should not rely on the Membership or Membership Content as a substitute for the professional medical advice, diagnosis, or treatment from a qualified healthcare provider who is familiar with your individual situation. Do not disregard, avoid or delay obtaining medical advice from a licensed medical or health professional because of something you have read, viewed, or heard on or in the Membership or Membership Content. You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. None of the Membership Content represents or warrants that any particular supplement or treatment is safe, appropriate, or effective for you. Without limitation, Cleanbody does not recommend or endorse any specific tests, medications, products or procedures.
Always seek the advice of your qualified health care provider with any questions you have regarding a medical condition or your health and prior to changing any medications, taking any herbal or dietary supplements, using any treatment for a health problem, or undertaking any significant changes to your health care regimen.
Because we expressly recommend that you seek advice from a licensed medical or health care professional who has knowledge of the facts and circumstances of your individual situation, the use of any information provided in the Membership is solely at your own risk. Cleanbody and its owner Dr. Diane Angela Fong, ND expressly disclaim responsibility for any adverse effects that may result from the use or application of the information contained in this Membership. Neither Cleanbody nor Dr. Diane Angela Fong, ND shall be held liable or responsible for any errors or omissions in the Membership or for any damage you may suffer as a result of failing to seek competent medical or health advice from a licensed medical or health care professional who has knowledge of the facts and circumstances of your individual situation.
Information and statements in the Membership regarding dietary supplements and products have not been evaluated by the Food and Drug Administration. Any dietary supplements or products which may be mentioned in the Membership are not intended to diagnose, treat, cure, or prevent any disease. See your doctor or other healthcare professional before starting any supplements.
- Participant Eligibility
The Membership is intended solely for users who are eighteen (18) years of age or older. Any purchase by, use of, or access to the Membership by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms of Service. By accessing or using the Membership, you represent and warrant that you are at least 18 years old. Cleanbody, hereby disclaims all liability for use by individuals under the age of 18.
- The Membership
The Membership is a monthly group educational Membership. As part of the Membership, you will receive:
- Cleanbody Assessment & Roadmap: Dietary, lifestyle and toxin clean up recommendations based on your Cleanbody Assessment. This assessment is designed as an educational tool to help you uncover the factors that may be causing your detox funnel to get clogged. Based on your answers, this tool will educate you about possible ways to address these factors with diet and lifestyle modifications, environmental toxin cleanup, emotional release therapy, detoxification, and regenerative modalities.
- Cleanbody Education: Access to the exclusive Cleanbody Membership membership portal that includes all audio and video educational recordings and downloadable PDF handouts for the Membership.
- Coaching Calls: Weekly educational coaching calls with Dr. Diane Angela Fong, ND on Zoom where she shares her research and clinical experiences and answers questions (Calls are recorded and available on the membership site for those who are unable to attend the live session).
- Cleanbody Forums: Access to the Cleanbody members’ only Community Chat forum.
- Weekly Update Forms: Weekly progress tracking tool to track your own progress with the Cleanbody protocol.
Membership Fees, Payments and Refunds
- Payment Policies
Your monthly payment is $57/month.
If paying by credit card or debit card, you give Cleanbody permission to automatically charge your credit card or debit card for all fees and charges due as payment for the Membership without any additional authorization or notification, and you will receive an electronic receipt following the charge. You also agree that Cleanbody is authorized to share any payment information and instructions required to complete the payment transactions with any third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services). Cleanbody cannot and does not control and has no responsibility or liability for the policies or actions of the payment processing companies. Your credit card will be charged automatically based on your payment selection on a monthly basis until you notify us that you would like to cancel your subscription. You must give us at least three business days’ notice prior to your next payment date for cancellation of your Cleanbody Essentials Membership.
Declined or Failed Payment: If there is a declined payment, you will receive an e-mail alerting you that your access to the Membership has been discontinued until the account is brought up to date. At this point, you will not be granted access to the Membership until payment is received, and we reserve the right to terminate your access to the Membership and all services immediately and permanently.
You agree to only purchase the Membership for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information. And you agree to be financially responsible for any purchases made by you or someone acting on your behalf.
- No Refund Policy
No refunds are provided for the Membership. Since there is a clear and explicit Refund Policy in these Terms of Service that you agree to prior to completing your purchase of the Membership, Cleanbody does not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or the payment processor. In the event that a chargeback is placed on a purchase or Cleanbody receives a chargeback threat during or after your purchase, Cleanbody reserves the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, e-mail address, order date, order amount, and billing address. If you then wish to have this report removed from your credit report, you must make the payment owed for the amount of the chargeback. Once payment owed is received, the appropriate reports to the credit agencies will be made.
- Cancellation Policy
There are no cancellations during your initial four (4) months. You can cancel your membership anytime after your initial four (4) months. In the event that you would like to cancel your membership, you must inform Cleanbody of your intention to cancel your subscription at least seven (7) days before the next scheduled payment in their billing cycle to avoid being charged for the following month. You can request this cancellation in the “Help (?)” section of your Cleanbody Program account. Your account access will then terminate at the end of that billing period. If you have a problem with your cancellation, please notify us at firstname.lastname@example.org with “Cancellation Request” in the subject line. We are unable to process refunds if more than twenty-four (24) hours lapsed since the renewal of your subscription.
- Intellectual Property Rights
- Ownership of Membership Content and Cleanbody’s Limited License to You
The Membership, including without limitation, the words, design, layout, look, appearance, graphics, photos, images, information, materials, documents, data, videos and video files and recordings, voice/audio files and recordings including downloadable Mp3 audio files, webinars and recorded webinars, emails, downloadable PDFs, worksheets, workbooks, forms, guides, questionnaires, e-books, handouts and slides, and all other similar materials and all other information and intellectual property accessible on or through the Membership and any website or e-mails we may use to distribute or host the Membership or any part thereof, as well as the look and feel of all of the foregoing (collectively, the “Membership Content”; previously defined and stated here again for further clarity and avoidance of doubt) are the property of and solely owned by Cleanbody or our affiliates, licensors, successors-in-interest, assignees, or suppliers unless otherwise noted, and are protected by copyright, trademark and other laws that protect intellectual property and proprietary rights.
You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained on or in the Membership Content as well as these Terms of Service.
When you purchase the Membership or view or access any Membership Content, Cleanbody is granting you a limited, revocable, non-transferable, non-exclusive license to access and use the Membership and Membership Content for your own personal, non-commercial use ONLY. This license is limited to you only for your personal use, and NOT for your business or commercial use or in any way that earns you money.
You are NOT permitted to share any Membership Content with your friends, family, colleagues, or any other person. If they would like access to the Membership, they must purchase their own license to the Membership separately.
This means that when you purchase the Membership, you may watch, listen to, download and/or print Membership Content for your own personal use, BUT you are NOT permitted to copy, duplicate, reprint, republish, reproduce, share, sell/re-sell, display, disclose, or redistribute any part of the Membership or Membership Content with or to friends, family members, colleagues, or any other third party, or use any Membership Content for commercial purposes or in any way that earns you money. For avoidance of doubt, this means you may NOT adapt or represent any part of the Membership in any way as if it is yours or created by you and you may not reprint or republish any part of the Membership and Membership Content 6 for publication or compilation into your own products, Memberships or services for business or commercial use or in any way that earns you or a third-party money.
Furthermore, you may not hypertext, frame or inline link to any part of the Membership or Membership Content, nor may you state or imply any sponsorship, endorsement by, or ownership of the Membership or Membership Content without the express written permission of Dr. Diane Angela Fong, ND, the sole owner of Cleanbody.
You understand that purchasing, downloading, printing, or otherwise using the Membership and Membership Content in no way gives you any copyright, trademark, intellectual property or ownership rights in the Membership or Membership Content. It is still Cleanbody’s property.
Any trademarks and logos displayed on the Memberships and Membership Content, including the Cleanbody trademark and logo, are trademarks belonging to Cleanbody unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without Dr. Diane Angela Fong’s express written permission.
All rights not expressly granted in these Terms of Service or any express written license, are reserved by Cleanbody.
- Request for Permission to Use the Membership Content
If you wish to use any portion of the Membership Content, or any other intellectual property or property belonging to Cleanbody and of our affiliates in any way that is prohibited by or not expressly permitted by these Terms of Service, you must request permission in writing from Cleanbody BEFORE you use such Membership Content by sending an e-mail to info@Cleanbody.health.
If you do receive the express written permission of Cleanbody, you are only granted permission to use the applicable portion of the Membership Content as explicitly granted in such writing. In other words, you agree to use only the specific Membership Content that Cleanbody allows and only in the ways for which Cleanbody has given you written permission. If you use the Membership Content in ways that Cleanbody does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Membership Content from Cleanbody, and you consent to immediately stop using such Membership Content and to take whatever actions as Cleanbody may request and by the methods and in the time frame that Cleanbody prescribes to protect its intellectual property and ownership rights in the Membership and the Membership Content, and you will be subject to penalties for Unauthorized Use and Infringement of Membership Content as set forth in these Terms of Service.
- Unauthorized Use and Infringement of Membership Content
You understand and agree that your use of the Membership Content other than as expressly authorized in these Terms of Service or by a separate written consent or assignment of Cleanbody, is not permitted and is considered unauthorized use, infringement and theft (“Unauthorized Use and Infringement”) and may give rise to a civil claim for damages and/or be a criminal offense and Cleanbody reserves the right to prosecute for theft and to enforce Cleanbody’s rights to the full extent of the law.
In the event of your Unauthorized Use and Infringement, you agree to pay liquidated damages of five (5) times the total fees paid for the Membership in addition to any legal or equitable remedies Cleanbody may be entitled to pursue. This is not a penalty but an agreed upon liquidated damages charge for Unauthorized Use and Infringement.
You agree that any violation or threatened violation by you of the Intellectual Property Rights terms in these Terms of Service would cause irreparable injury to Cleanbody that may not be adequately compensated by damages, entitling Cleanbody to obtain injunctive relief, without bond, in addition to all legal remedies.
- Your Conduct in the Membership.
- Your Participation in Coaching Calls and Any Interactive Community Forums.
Dr. Fong will answer participant questions in the Weekly Coaching Calls. Priority will be given to Cleanbody Complete and Complete Plus members. As a
Cleanbody Essentials member, we do not guarantee that your questions will be answered at the weekly coaching calls if you are not a Cleanbody Complete or Complete Plus member. Please contact email@example.com for more
information on joining Cleanbody Complete or Complete Plus should you desire priority for getting your questions answered on the Weekly Coaching Calls. We strive to create a safe space for all participants in our Membership. The Membership includes access to an interactive community forum for participants of the Membership to communicate with each other. Any comments whether in a live group call or on an interactive community forum for the participants of the Membership must be respectful. You may not communicate or submit any content or material that is harassing in nature, rude, racist, abusive, vulgar, threatening, knowingly false, defamatory, or obscene or otherwise in violation of any law or the rights of others. You agree to post comments only one time and to use any interactive community forum only to post, send and receive messages and material that are proper and related to the Membership. Bullying or other comments that makes other users of the Membership feel poorly will not be tolerated.
Cleanbody reserves the right, in its sole discretion, to edit, modify, delete, refuse to post, or otherwise remove, in whole or part, any comments in any community forum as well as to terminate your access to the Membership and/or the community form for Membership participants at any time without notice in its sole discretion. Please note however that Cleanbody does not monitor and does not have any obligation to monitor the community chat forum or any posts, comments, or material submitted by participants. The views of any users or participants of the Membership do not necessarily reflect those of Cleanbody or Dr. Diane Angela Fong. Cleanbody neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, information, or material found in any community forum for the Membership. Therefore, Cleanbody shall not be responsible for and specifically disclaims any and all liability arising from or relating to any loss or damage caused by third-party posts, comments, or materials in the community forum and any actions resulting from your participation in any community forum.
Cleanbody reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
- No Unlawful Or Prohibited Use
You understand that you are solely responsible for all electronic communications and content sent from your computer to the Membership and any website hosting the Membership. You agree that you will not do any of the following and you will not use the Membership in any of the following ways
- In any manner that causes or is likely to cause any of the Membership or access to the Membership to be damaged, disabled, interrupted, overburden, or impaired in any way.
- To upload, copy, store, host, transmit, send, publish, distribute, negatively impact, or infect the Membership with, any spyware, software viruses, software worms, corrupted files, Trojan horse, keystroke logger or any other malicious, harmful or similar computer code or software designed to adversely affect or damage the operation of any computer software or hardware.
- For any purpose and in any way that is illegal, false, fraudulent, violates any applicable laws or regulations, is prohibited by these Terms of Service or is in connection with a criminal offense or otherwise designed to carry out any unlawful activity. To defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- To defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- To send, publish, post, upload, distribute or disseminate any material that is illegal, offensive, abusive, indecent, harmful, profane, defamatory, obscene, menacing, threatening, objectionable, invasive of privacy, infringing intellectual property rights, or that may otherwise injure others.
- In any manner that interferes with any other party’s use and enjoyment of the Membership, Membership Content, or any Membership community forum.
- To upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- To advertise or offer to sell or buy any goods or services for any business purpose, or to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes. In any manner that violates any code of conduct or other guidelines.
- To conduct or forward surveys, contests, pyramid schemes or chain letters to copy, store, host, transmit, send, publish, distribute, negatively impact, or infect the Membership with software viruses or any other similar computer code designed to commercially solicit, or send chain letters, mass mailings or any spam, whether intended or not.
- To collect or attempt to collect information about others, including e-mail addresses, without their consent.
- In any manner that violates any code of conduct or other guidelines.
- To cause annoyance, inconvenience, anxiety, or fear. To obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Membership.
- To impersonate any third party or otherwise mislead as to the origin of your contributions.
- To reproduce, duplicate, copy or resell any part of any or the Membership in a way that is not in compliance with these Terms of Service or any other applicable terms to which you have agreed.
- To obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Membership.
- To share any part of the Membership or Membership Content with anyone in any way prohibited by these Terms of Service.
- You acknowledge that our operation of the Membership does not constitute the practice of medicine, and specifically does not create a doctor-patient relationship between you and Cleanbody, Dr. Diane Angela Fong, ND, or any healthcare professional affiliated with the Membership.
- You acknowledge that Cleanbody is not a covered entity within the meaning of HIPAA for the purposes of this Membership, and that we are not obligated to maintain your records in accordance with its provisions; however, we utilize the HIPAA-compliant portal Healthie for participants to track their progress.
This Membership includes access to an interactive community forum for participants of the Membership to communicate with each other. We cannot guarantee your privacy for what you voluntarily share in the group, as other people will also see what you post.
Please choose carefully the information you voluntarily share for viewing by others in the Membership, including any online live classes and sessions, and any community forum, as anything you share also can be seen, collected and used others, and become public. Any personal information you voluntarily share as part of your participation in the Membership, is done at your own risk. Cleanbody cannot guarantee your privacy for what you voluntarily share, and Cleanbody is not responsible for any unauthorized use by others of such information that you voluntarily share.
However, due to the nature of the Internet, no data transmission over the Internet can be guaranteed to be completely secure. As a result, Cleanbody cannot ensure or warrant the security of your Confidential Information or of any other data or information you transmit via the Internet. By transmitting any Confidential Information, data or other information to Cleanbody, you accept that and acknowledge that you do so at your own risk. Cleanbody has security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but Cleanbody makes no assurances about the ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
- Accessing the Membership; Username and Password
During the registration process for the Membership, you agree to provide true, accurate, current, and complete information about yourself. To access the Membership and/or certain features of the Membership, including any private membership areas, you may need a username and password. You agree to keep your username and password to access the Membership confidential. You are responsible for maintaining the confidentiality of your username, password and Membership account and are responsible for all activities (whether by you or by others) that occur under your username, password, or Membership account. You are not permitted to share your username and/or password or access to your Membership account with anyone at any time.
If Cleanbody has reasonable grounds to suspect that you have provided false information including a false e-mail address, shared your username and/or password with anyone else, provided anyone else access to your account or forwarded any non-public material from the Membership to any other person, Cleanbody reserves the right to immediately suspend or terminate your account and your access to the Membership including without limitation, the Membership membership site, the community chat forum, the Healthie App, Zoom calls, or any other related communications, and to refuse any and all current or future use of the Membership or any Membership Content, in whole or in part, without refund.
It is your responsibility to protect your own username and password from disclosure to others. Cleanbody cannot and will not be liable for any loss or damage arising from your failure to protect your username, password or account information. You are responsible for activities that take place using your username, password and within your account. If you share your username and password with anyone, they may be able to obtain access to your personal information at your own risk. You agree to notify Cleanbody immediately of any unauthorized use of your username, password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your username, password or other personal information.
Cleanbody reserves the right to withdraw or amend the Membership in its sole discretion without notice. Cleanbody will not be liable if for any reason all or any part of the Membership or Membership Content is unavailable at any time or for any period. From time to time, Cleanbody may restrict access to some or all of the Membership to users, including registered users if deemed necessary to update the Membership or Membership Content.
- Errors and Omissions Disclaimer
Cleanbody has done its best to ensure that the Membership and Membership Content are accurate and provide valuable information, but because the nature of health information is constantly evolving, Cleanbody cannot guarantee the accuracy of such information. You acknowledge that the Membership and Membership Content may contain inaccuracies or errors and neither Cleanbody nor any of its owners, directors, officers, employees, contractors, agents, affiliates, successors-in-interest, transferees or assigns shall be held liable or responsible for any errors, omissions or inaccuracies on or in the Membership or Membership Content or for any damage you may suffer as a result of failing to seek competent advice from a licensed healthcare professional who is familiar with your situation. We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information in the Membership and Membership Content for any person.
- Personal Responsibility and Assumption of Risk
By accessing the Membership or any Membership Content in any way you accept and agree that you are solely responsible for your actions, decisions and results and take full responsibility for any harm or damage you suffer as a result of your use, misuse or non-use, of the information available on or in the Membership and/or Membership Content. You agree to use your own judgment and conduct your own due diligence before taking any actions or implementing anything suggested or recommended on or in the Membership or Membership Content and you agree that you do so at your own risk.
Neither Cleanbody nor any of its owners, directors, officers, employees, or contractors are responsible for any errors or omissions on or in the Membership or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
Additionally, you acknowledge that when making your own decisions and taking any actions or implementing anything suggested in the Membership, which is all information and education, you are using your own judgment and conducting your own due diligence and assessment of risk, and you are voluntarily making those decisions with the full awareness that there may be risk involved.
- No Guarantees of Results
You acknowledge and agree that there are no guaranteed results of your use or participation in the Membership, and Cleanbody makes no guarantees about the results of participating in or taking any action, whether recommended on or in the Membership and Membership Content or not. Your participation in the Membership does not guarantee any success with health or otherwise.
The Membership and Membership Content are for educational and informational purposes and are intended to solely to provide users of Membership with education and tools about their health, and how to develop a course of action to work with their doctor(s) and other health care providers. You recognize that health is a complex process that results from each individual’s particular situation, lifestyle choices, health history, and innumerable other circumstances beyond the control and/or knowledge of Cleanbody.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others, whether clients of Cleanbody, users or participants of the Membership or otherwise, are no guarantee that you or any other person or entity will obtain similar results.
- No Warranties
CLEANBODY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THE MEMBERSHIP AND MEMBERSHIP CONTENT. FURTHERMORE, CLEANBODY MAKES NO WARRANTIES THAT THE MEMBERSHIP, MEMBERSHIP CONTENT, OR ANY OF THEIR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE MEMBERSHIP, MEMBERSHIP CONTENT, OR ANY OF THEIR FUNCTIONS, INCLUDING COMMUNITY FORUMS, BULLETIN BOARDS, MEMBERSHIP PAGES OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CLEANBODY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY AND APPROPRIATENESS FOR ANY PURPOSE OF THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE MEMBERSHIP AND MEMBERSHIP CONTENT. ALL INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE MEMBERSHIP AND MEMBERSHIP CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CLEANBODY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO ALL INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE MEMBERSHIP AND MEMBERSHIP CONTENT.
CLEANBODY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE MEMBERSHIP AND MEMBERSHIP CONTENT.
- Technology Disclaimer
While the hope is that the availability and delivery of the Membership and Membership Content is uninterrupted, Cleanbody cannot guarantee that the Membership will be free of technological issues or that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates. To the fullest extent permitted by law, Cleanbody is not liable to you for damages or refunds, or any other recourse, should any part of the Membership or Membership Content become unavailable or access to them becomes slow or incomplete due to any reasons, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make the Membership inaccessible to you.
- Links and References to Third-Party Websites, Services and Products
The Membership and Membership Content may provide links and/or references to other websites, services and products maintained by third parties that may take you outside of the Membership (collectively, “Third-Party Sites”). Cleanbody may receive a commission if you make a purchase from or through a link provided in the Membership or Membership Content to a Third-Party Site; however, the Third-Party Sites are not under the control of Cleanbody, and Cleanbody is not responsible or liable for any content on or actions of any Third-Party Sites. The inclusion of any links or references to Third-Party Sites in the Membership Content are provided for your convenience only and does not imply Cleanbody’s endorsement, sponsorship, or approval of the actions, views, opinions, facts, advice or statements in such Third-Party Sites or of their owners or any association with their operators. Because Cleanbody has no control over the contents or functionality of Third-Party Sites, Cleanbody is not responsible for the actions, views, opinions, facts, advice, or statements of Third-Party Sites, their accuracy or reliability, or for errors or omissions caused by Third-Party Sites or for any loss, damage, or otherwise that may arise from your use of them. It is your responsibility to perform your own due diligence before buying goods or services from any Third-Party Sites and to review the terms and conditions and privacy policies of Third-Party Sites to confirm that you understand and agree with those policies.
- Limitation of Liability and Release of Claims
YOU AGREE TO ABSOLVE CLEANBODY AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, SUCCESSORS-IN-INTEREST, TRANSFEREES AND ASSIGNEES (COLLECTIVELY THE “RELEASEES”) OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THE MEMBERSHIP AND Membership CONTENT. YOU AGREE THAT THE RELEASEES SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THE MEMBERSHIP AND Membership CONTENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE DELAY OR INABILITY TO USE, THE MEMBERSHIP AND Membership CONTENT, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE MEMBERSHIP AND Membership CONTENT IN ANY WAY, OR WITH THE PERFORMANCE OF THE MEMBERSHIP AND Membership CONTENT, OR WITH THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE MEMBERSHIP AND Membership CONTENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CLEANBODY OR ANY RELEASEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF CLEANBODY AND THE RELEASEES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
BY PURCHASING OR USING OR THE MEMBERSHIP AND Membership CONTENT, YOU AGREE TO THIS LIMITATION OF LIABILITY AND RELEASE THE RELEASEES FROM ANY AND ALL CLAIMS.
You agree at all times to defend, indemnify and hold harmless Cleanbody as well as its owners, officers, directors, employees, affiliates, agents, contractors, successors-in-interest, transferees, and assignees from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs, debts and expenses, including but not limited to legal fees and expenses and attorney’s fees, arising from or in connection with: (i) your use or inability to use any of the Membership, Membership Content, or any community forum; (ii) your breach of any obligation, warranty, representation or covenant set forth in these Terms of Service; (iii) your use of materials or features available on the Membership or Membership Content (except to the extent a claim is based upon infringement of a third-party right by materials created by Cleanbody); or (v) your violation of any rights of a third party or any applicable law, rule or regulation or any agreement or terms with a third party to which you are subject. Cleanbody reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Cleanbody in asserting any available defenses.
Cleanbody reserves the right in our sole discretion to refuse or terminate your access to the Membership and Membership Content, in full or in part, at any time without notice, including but not limited to, any coaching calls, community forum, or any other method of communications related to the Membership and Membership Content. In such case, you will be sent an e-mail to the e-mail address you provided upon purchase of the Membership alerting you of this. In the event of cancellation or termination, you are no longer authorized to access the part of the Membership or Membership Content affected by such cancellation or termination.
All of the terms of these Terms of Service, including but not limited to, all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and the No Refund Policy will still apply now and in the future, even after termination by you or Cleanbody.
- Governing Law and Dispute Resolution
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California where Cleanbody is registered, regardless of the conflict of laws principles.
It is hoped that you will have no dispute with Cleanbody. However, should a dispute arise between you and Cleanbody, we would like to be able to work it out amicably through e-mail correspondence. Therefore, it is requested that you contact Cleanbody via e-mail at info@Cleanbody.health in attempt to resolve any dispute prior to seeking legal action and include your reasons for dissatisfaction.
However, should we be unable to resolve any potential dispute within a reasonable time, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your payment made to purchase the Membership as of the date of such dispute. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction.
You also agree that should arbitration take place, it will be held in Santa Clara County in the State of California, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
By purchasing the Membership, you are agreeing to a modification of the statute of limitations such that any arbitration must be begun within one (1) year of the date of your e-mail to Cleanbody referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action related to the Membership or these Terms of Service.
- Users Outside United States
Cleanbody controls and operates the Membership from offices in the United States. Cleanbody does not represent that the materials in the Membership are appropriate or available for use in other locations. People who choose to access the Membership from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You expressly agree that these Terms of Service are intended to be as broad and inclusive as permitted by the law of the State of California, and that if any portion of these Terms of Service is held invalid, void or unenforceable for any reason, then that portion shall be deemed severed from these Terms of Service and it shall not affect the validity or enforceability of the remainder of the Terms of Service which shall be given full legal force and effect.
Any waiver or forbearance by Cleanbody of any breach by you of any provision of these Terms of Service shall not be construed as a waiver of any subsequent breach by you.
- Changes to Terms of Service
Cleanbody may change, modify or update these Terms of Service at any time. Any access or use of the Membership or Membership Content by you after Cleanbody publicly posts or distributes such changes shall constitute consent of such modifications.
Contact and Questions:
If you have any questions about any term of these Terms of Service, please contact Cleanbody at info@Cleanbody.health.
By clicking to agree to the “Terms of Service” when signing up for the Membership, you are providing the electronic equivalent of your signature and agree that you have read, understood and agreed to the entire Terms of Service. If you do not agree with the Terms of Service, do not purchase or use the Cleanbody Essentials Membership.