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Welcome to The Fitness Jeanie Detox Program, a service of Callen Fitness Inc. (hereinafter, the "Company" or "CF" or “We”). The information, including personalized exercise and nutrition information provided for our customers (“You”) as one or more services available through the Site (the “Training Programs”) provided by Callen Fitness to you on or through this Callen Fitness Web site (the “Site”) or in emails sent as a results of your use of the Site (“Emails”) are subject to certain terms and conditions as set forth below under the heading “TERMS AND CONDITIONS” (the “Terms and Conditions”). By using the Site and the training programs offered through the Site and/or any emails (collectively, the “Content”), you are deemed to have read and agreed to the terms and conditions.
Acceptance of Agreement: You hereby agree to the terms and conditions outlined in this Terms and Conditions Agreement ("Agreement") with respect to the CF website. This Agreement constitutes the entire and only agreement between you and Company, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the Content, the marketing copy of the website, all products or services provided by or through the website, and the subject matter of this Agreement. This Agreement may be amended at any time, from time to time, by CF without specific notice to you. The latest Agreement will always be posted on the website, and you should review this Agreement prior to using the website.
Please review the following terms and conditions carefully, as they govern the relationship between you and the Company.
TERMS AND CONDITIONS
The Content is presented in summary form, is general in nature and is provided for informational purposes only. Callen Fitness strongly recommends you consult with your health care provider or other health professionals before beginning a program. The information herein is meant to supplement the advice and counsel of your health care provider. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition. Neither the Content nor any other service offered by or through the Site is intended to be relied upon for medical diagnosis or treatment. Never disregard, or delay in seeking, medical advice because of your use or interpretation of the Content.
LEGAL DISCLAIMER & RELEASE. The information provided on the CF website is designed to help you make informed decisions about your health. It is not intended as a substitute for the advice or treatment that may have been prescribed by your physician or any other health care providers.
This Site provides CF's opinion in regards to the subject matter contained herein. You agree that your participation in the CF programs is at YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY CF, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES OR INJURIES ARISING FROM YOUR USE AND APPLICATION, EITHER DIRECTLY OR INDIRECTLY, OF ANY ADVICE, INFORMATION OR METHODS PRESENTED WITHIN THE SITE.
THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. CF AND AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN CF AND YOU. THIS WEBSITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
YOU SHALL INDEMNIFY AND HOLD CF HARMLESS OF ANY AND ALL CLAIMS (INCLUDING DEFENSE COSTS AND ATTORNEYS’ FEES) ARISING OUT OF BODILY INJURY OR DEATH OF ANY PERSONS, OR DAMAGE TO ANY PROPERTY, TO THE EXTENT CAUSED BY YOUR NEGLIGENCE OR WILLFUL MISCONDUCT.
YOU ACKNOWLEDGE AND FULLY UNDERSTAND THAT YOU WILL BE ENGAGING IN TRAINING ACTIVITIES THAT POTENTIALLY INVOLVE THE RISK OF SERIOUS INJURY OR POSSIBLE PERMANENT DISABILITY AND DEATH, AND SEVERE SOCIAL AND ECONOCMIC LOSSES WHICH MIGHT RESULT FROM YOUR OWN ACTIONS, INACTIONS, OR NEGLIGENCE, BY THE ACTIONS, INACTIONS, OR NEGLIGENCE OF OTHERS, THE CONDITION OF PREMISES OR ANY EQUIPMENT. FUTHER, THAT THEIR MAY BE OTHER RISKS NOT KNOWN OR NOT REASONABLY FORSEEABLE AT THIS TIME.
YOU ALSO HEREBY ACKNOWLEDGE AND UNDERSTAND THAT YOU MAY RECEIVE, THROUGH THE CF SERVICE, EMAILS CREATED AND SENT BY HEALTH AND FITNESS EXPERTS THAT ARE NOT EMPLOYEES OR AGENTS OF CF. ADDITIONALLY, YOU UNDERSTAND THAT ANY ACTIONS YOU TAKE ON THE ADVICE OF THE SENDER OF SUCH EMAILS ARE TAKEN AT YOUR OWN RISK. AS A RESULT, YOU HEREBY RELEASE AND DISCHARGE CF FROM ANY CLAIMS, DEMANDS, DAMAGES, ACTIONS AND CAUSES OF ACTION OF EVERY KIND OR NATURE WHATSOEVER RELATED TO THE CONTENT OF SUCH EMAILS.
Before following any of the CF information or recommendations you agree to consult with your physician and get a physical examination from your physician, especially if you are considered to be at risk for potential problems resulting from an exercise program and/or making changes in your diet.
By agreeing to the terms and conditions and joining the CF Site, you understand and agree that you are solely responsible for the way that the information on the CF Site is perceived and utilized, and do so at your own risk. In no way will you hold CF, nor any of its owners, officers, directors, employees, agents, information providers, experts, partners, affiliates, or suppliers responsible for any injuries or problems that might occur due to your use of this website or the advice contained within.
If you intend to use the Site to obtain personalized nutrition
information, by agreeing to the terms and conditions, you further
affirm that either (A) all of the following statements are true: (i)
you are not allergic to nuts, eggs, dairy products or any other
foods; (ii) you are not presently following a diet plan provided to
you by a physician or other medical professional for health reasons;
and (iii) you have not been medically diagnosed as suffering from
diabetes, hypoglycemia, heart disease, high cholesterol or high
blood pressure; or (B) your physician has approved of your use of
the Training Programs specifically and the Site in general. Notwithstanding the foregoing or following paragraphs, the total liability of CF and its owners, officers, directors, employees, agents, information providers, experts, partners, affiliates, or suppliers, if any, for losses or damages shall not exceed the fees paid by you for the particular information or service provided. All other damages, direct or indirect, special, incidental, consequential or punitive arising from any use of the information or other parts of the CF website are hereby excluded even if CF or its owners, officers, directors, employees, agents, information providers, experts, partners, affiliates, or suppliers, have been advised of the possibility of such damages.
CONSENT TO RECEIVE EMAIL. You hereby consent to receive periodic email communications from CF regarding customer service issues, regular CF content, new product offers and other matters.
OVER 18 YEARS OLD. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
REFUND POLICY. Refunds may be process after 60 days from purchase. After 60 days from purchase, there shall be no refunds.
PROPRIETARY RIGHTS. All materials on this Site (as well as the organization and layout of the Site) are owned and copyrighted, licensed by, or used with permission that is granted to CF. No reproduction, distribution, or transmission of the copyrighted materials at this Site is permitted without the prior written permission of CF.
PRIVACY POLICY. At Callen Fitness, user privacy is an important concern. We are committed to privacy and security, and to providing the best possible user experience for you. We also strive to protect the personal and confidential information of those who use our online services.
CHANGES TO SITE. CF may make improvements or changes in the information, services, products, and other materials on the Site, or terminate the Site at any time. CF may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of the Site shall be deemed your acceptance of the modified Agreement.
ADMINISTRATION. You acknowledge that in connection with the Site, information will be transmitted over local exchange, inter-exchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third-party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of CF and its suppliers. Accordingly, CF assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Site.
SECURITY. The CF website takes every precaution to protect all of our members' information. When users submit personal, sensitive information via the CF website (such as a credit card or phone number), your information is protected both on- and off-line. This personal, sensitive information is encrypted and protected with the very best encryption software in the industry: SSL.
When submitting your personal and payment info on the CF website, please feel comfortable and confident that your information is 100% safe and secure.
While we use the very best SSL encryption to protect personal, sensitive information on-line, we also do everything in our power to protect our members' information off-line as well. All of our members' information is restricted in our offices. Only Callen Fitness employees, contractors, directors, suppliers, agents and partners who need the information to perform a specific task (i.e. billing, refunds, or customer service) are granted access to personally identifiable information.
MISCELLANEOUS: This Agreement shall be treated as though it were executed and performed in San Diego, California and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within six (6) months after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in above. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in San Diego, California. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. CF's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
The Effective Date of these Terms & Conditions shall be April 22, 2008.
Placing a check in the box next to "I agree to the Terms and Conditions" indicates that you have read the paragraphs above entirely, understand them completely, and agree to be bound by their terms.
The Fitness Jeanie Detox Program contains health suggestions and opinions of Jeanie Callen Barat. Her knowledge and experience are not necessarily shared, nor have they been evaluated or approved by the F.D.A. or the A.M.A.
Therefore, if you are ill, have any disease, are pregnant, or just improving your health, please consult your medical doctor first.
Upon entering this site, you hereby agree to take full responsibility for yourself, your health and release, indemnify and hold harmless, Jeanie Callen Barat, Callen Fitness, Inc., their employees and heirs.
All written material and images copyrighted 2008.
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