Terms & Conditions
Welcome to the Elimination Diet Meal Plan website. This site is maintained as a service to our customers and by using this site you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site or access the Elimination Diet Meal Plan program.
You must read, agree with and accept all of the terms and conditions contained in this user agreement (“Agreement”), which include those terms and conditions expressly set out below and those incorporated by reference, before you may purchase through or use the Elimination Diet Meal Plan website.
This Agreement constitutes the entire agreement of the parties. This agreement is entered into by the customer (hereinafter “Customer” or “You”) and Dr. Kimberley O’Brien, ND (hereinafter referred to as “Dr. Kimberley O’Brien” “We,” or “Us”). We may amend this Agreement at any time, without prior notice, by posting the amended terms on our site. It is your responsibility to review these terms for any changes. The current Agreement is effective as of May 20, 2015.
PART 1: HEALTH DISCLAIMER
The views and nutritional advice expressed by Dr. Kimberley O’Brien and through the Elimination Diet Meal Plan program are not intended to be a substitute for conventional medical services. Purchasing access to the Elimination Diet Meal Plan program does not establish a doctor patient relationship with Dr. Kimberley O’Brien. If you have or suspect that you have a medical problem, promptly contact your health care provider. We do not claim to “cure” disease, but simply help you identify how your diet may be affecting your health. No material or product on this website is intended to suggest that you should not seek professional medical care, or that you should disregard professional medical advice. We suggest that you continue to work with qualified medical professional as you engage in our material, products and services. No information offered here, or product sold on this website, should be interpreted as a diagnosis of any disease, nor an attempt to treat or prevent or cure any disease or condition. When completing the Elimination Diet Meal Plan you should carefully read all instructions and proceed at your own risk. While the information on this website is discussed in the context of numerous health symptoms and conditions, it can be dangerous to start any health program without first consulting your physician. Information and statements regarding products and/or services made available by Dr. Kimberley O’Brien have not been evaluated by Health Canada. Dr. Kimberley O’Brien and the Elimination Diet Meal Plan’s services are not intended to diagnose, treat, cure or prevent any disease. Improvement of symptoms is not guaranteed and no liability is assumed by Dr. Kimberley O’Brien for the worsening of any symptoms or medical conditions.
It is advised to consult with your physician before beginning the Elimination Diet Meal Plan particularly if you are pregnant or nursing, have cancer, have a history of liver or kidney disease or iron storage disease, are on medications for hypertension, mental illness or diabetes. While completing the Elimination Diet Meal Plan do not consume any foods or products to which you are allergic or have a known sensitivity.
PART 2: ADDITIONAL DISCLAIMERS
(a) Disclaimer of warranties: The information on this site is provided on an “as is”, “as available” basis. You agree that use of this site is at your sole risk. Dr. Kimberley O’Brien disclaims all warranties of any kind, including but not limited to any express warranties, statutory warranties, and any implied warranties of: merchantability, fitness for a particular purpose, and non-infringement. Dr. Kimberley O’Brien does not warrant that use of the site will be uninterrupted, available at any time or from any location, secure or error-free, that defects will be corrected or that the service is free of viruses or other harmful components. Dr. Kimberley O’Brien, it’s subsidiaries, vendors and affiliates disclaim any responsibility for the deletion, failure to store or untimely delivery of any information or materials, and any material downloaded or otherwise obtained through the site. Use of the site’s services is done at your own discretion and risk, and you will be solely responsible for any damages to your computer systems or loss of data that may result from the download of such information or material.
(b) Endorsements and reliance at your risk: We do not make any representations or warranties as to the truth or accuracy of any statement made or materials posted on or through our forum or any other interactive area of our site. You agree and acknowledge that you assume the risk of any actions you take in reliance upon the information that may be contained within the Elimination Diet Meal Plan website and additional interactive forums. We do not endorse products that are suggested in the Elimination Diet Meal Plan nor do we endorse or lend credence to any statements that are made by any participants in our forum or other user-interactive area of the program.
PART 3: USE ELIGIBILITY
Our goods and/or services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our goods and/or services are not available to minors. If you are a minor, you may use this website only in conjunction with your parents or guardians. If you do not qualify, please do not use our website, goods or services. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
PART 4: PAYMENT
Customer agrees to compensate Dr. Kimberley O’Brien for access to the Elimination Diet Meal Plan at the listed price.
Part 5: INTELLECTUAL PROPERTY OWNERSHIP
(a) Our Content: All content included on this site is and shall continue to be the property of Dr. Kimberley O’Brien and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the site is prohibited without expressed permission by Dr. Kimberley O’Brien. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site.
(b) User Supplied Content: By accessing our forum, bulletin board, chat room, or any other user interactive area of our site, and placing any information in any of those areas, you hereby grant us a perpetual, irrevocable, royalty free license to such materials, including but not limited to the right to post, publish, transmit, distribute, create derivative works based upon, create translations of, modify, amend, enhance, and display such materials in any form or media, whether now known or later discovered. You also grant to others who access the forum, bulletin board, chat room or any other user interactive area of our site a perpetual, non-revocable, royalty free license to view, download, store and reproduce your postings but such license is limited to the personal use and enjoyment of such other party.
(c) Personal Use: Dr. Kimberley O’Brien grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Dr. Kimberley O’Brien and Dr. Kimberley O’Brien may terminate your use of this website at any time.
(d) Other Uses: All other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, is strictly prohibited without prior express written consent from Dr. Kimberley O’Brien.
PART 6: LIABILITY
In no event shall we, our subsidiaries, employees, contractors, suppliers, or manufacturers be liable for lost profits or any special, incidental, consequential or multiplied damages arising out of or in connection with our site, our products or services, or this agreement (HOWEVER ARISING, INCLUDING NEGLIGENCE), including, but not limited to, loss of profits, loss of use or other economic damages, even if advised of the possibility of such damages, or any failure to realize any specific benefit or health-related outcome. This limitation of Dr. Kimberley O’Brien’s liability will apply regardless of the form of action, whether in contract, tort or by statute. No action, regardless of form, arising out of your use of this website, any information contained therein, and/or any Dr. Kimberley O’Brien’s services may be brought by you more than one (1) year following the event which gave rise to the cause of action.
PART 7: INDEMNIFICATION
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. Customer shall also indemnify and pay to Dr. Kimberley O’Brien, as well as hold Dr. Kimberley O’Brien harmless against any and all losses, claims, demands, liabilities, attorney’s fees, or any other expenses whatsoever which may at any time sustain, incur, or be put to by reason of, or in connection with, its performance under this agreement, or your use of the applicable websites, including, but not limited to, those arising from Dr. Kimberley O’Brien’s sole or comparative negligence.
PART 8: LEGAL COMPLIANCE
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our website, goods and/or services.
PART 9: ONLINE SUPPORT
Technical issues and questions regarding the Elimination Diet Meal Plan should be directed to [email protected]. Please note that personal health questions cannot be answered for ethical, legal and safety reasons. Please direct any questions or concerns regarding your symptoms and health concerns to your family physician or naturopathic doctor.
PART 10: RETURNS & REFUNDS
If you are unsatisfied with your purchase of The Elimination Diet Meal Plan, then you may return it within 7 days of the original purchase. A $20 service fee shall be deducted from the refund to cover expenses related administration and PayPal processing fees. Please note that purchases of the “Recipes Only-Elimination Diet Meal Plan” are non-refundable and all sales are final. Please note that any completed health coaching sessions are non-refundable.
PART 11: PRIVACY & SECURITY
Dr. Kimberley O’Brien, ND is the sole owner of the information collected on this site. We will not sell, share or rent this information to others in ways different from what is disclosed in this statement. Our web site is designed with precautions to protect usersʼ information. Customer information is appropriately protected in-house as well as online. Sensitive information (such as a credit card account number) is protected by encryption. While on a secure page, such as an order form, the lock icon at the bottom of a webpage becomes locked, rather than open (or unlocked) as when the user is simply “surfing” the Web. In addition, access to users’ information is restricted within our offices. Only employees who need the information to perform a specific job are granted access to personally identifiable information. All employees are kept up-to-date on our security and privacy practices.
PART 11: MISCELLANEOUS
This Agreement contains the entire agreement of the parties. This written agreement supersedes any and all oral negotiations and/or representations of the parties hereto made in relation to this transaction. This agreement neither confers nor creates any rights or responsibilities not specifically enumerated herein.
This Agreement shall be binding upon the parties and their executors, administrators, successors, and assigns.
If any provision of this Agreement is held illegal, invalid or unenforceable, such illegality, invalidity, or unenforceability will not affect any other provision hereof. Such provision and the remainder of this Agreement shall, in such circumstances, be deemed modified to the extent necessary to render the remaining provisions enforceable.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is Dr. Kimberley O’Brien, who can be reached as follows:
By e-mail: [email protected]