TERMS AND CONDITIONS; AND PROGRAM CLIENT DECLARATION

 

Last Updated May 18, 2023

 

Below you will find our Website terms and Conditions as well as our Program Client Declaration. Please read carefully because your agreement forms a binding agreement between you and us.

 

By visiting and using www.disruptivenutrition (hereinafter the “website”), you accept and agree to be bound by these Terms and Conditions, which includes our Disclaimer and Program Client Declaration, and Privacy Policy posted on the website and incorporated herein by reference. These Terms and Conditions, our Disclaimer and Program Client Declaration, and Privacy Policy form a binding agreement (“Agreement”) between you and us and supersedes all prior or contemporaneous communications, discussions, negotiations or proposals we may have had with you whether electronic, oral or written.

 

The term “you” refers to anyone who uses, visits and/or views our website. Sincere Consulting LLC and its sub division Disruptive Nutrition (“company”, “we”, “us”, or “our”) reserves the right to amend or modify these terms and conditions in its sole discretion at any time without notice and by using our website, you accept those amendments.  It is your responsibility to periodically check our website for updates. Each time we make changes we will change the “Last Updated” date at the top of the page.

Your continued use of our website constitutes your acceptance of future changes and updates. You must not access or use our website if you do not wish to be bound by this Disclaimer. Your continued use of our website after posting of any changes to our Terms and Conditions constitutes your acceptance of those changes and updates. You must not access or use the website if you do not wish to be bound by this Agreement.

Signos Continuous Glucose Monitoring. If you are purchasing our Signos Continuous Glucose Monitoring (“CGM”) product and service, you also agree that your Agreement with us incorporates by reference the latest terms and conditions set forth at https://www.signos.com/terms-conditions, the privacy policy set forth at https://www.signos.com/privacy-policy, the informed consent set forth at https://www.signos.com/informedconsent and all addenda and amendments thereto currently in effect (collectively with this Agreement the “Signos Agreement”). In addition, you give us full consent to access your CGM dashboard and data.  

AGE AND UNITED STATES USE ONLY

 

All information and content on this website is intended for individuals over the age of 18. Children as defined in our Privacy Policy are prohibited from using this website. We do not envision offering products or services to individuals living in the European Union as outlined in the General Data Protection Regulation. Additionally, we make no representation that the information provided on the website including any products and/or services are available or appropriate for use in other locations including but not limited to the European Union as outlined in the General Data Protection Regulation.

 

PRIVACY POLICY

 

We are dedicated to respecting the privacy of your personal information. Your acceptance of our Privacy Policy is expressly incorporated into these Terms and Conditions. Please review our Privacy Policy for more information.

 

MANDATORY ARBITRATION AND GOVERNING LAW

 

You expressly waive your right to bring any legal claims, now or in the future arising out of or related to the website and our products/services. In the event of any dispute, claim or controversy arising out of or relating to your use of this website, the terms and conditions shall be construed in accordance with the laws and regulations of the state of Connecticut  and United States.

 

You agree to consent and submit to the jurisdiction of the state and federal courts located in Connecticut  without regard to the principles of conflict of law or where the parties are located at the time a dispute arises.

 

 

INTELLECTUAL PROPERTY

 

All content on our website including but not limited to text, posts, logos, marks, graphics, files, materials, services, products, videos, audio, applications, computer code, designs, downloads and all other information here (collectively, the “Content”) is owned by us and is protected by copyright, trademark and other intellectual property and unfair competition laws with the exception of any content from others that we are lawfully permitted to use.  You are granted a limited revocable license to print or download Content from the website for your own personal, non-commercial, non-transferrable, informational and educational use only, while ensuring it’s not in violation of any copyright, trademark, and intellectual property or proprietary rights.

 

You agree not to copy, duplicate, steal, modify, publish, display, distribute, reproduce, store, transmit, post, create derivative works, reverse engineer, sell, rent or license any part of the Content in any way to anyone, without our prior written consent.  You agree to abide by the copyright, trademark laws and intellectual property rights and shall be solely responsible for any violations of these terms and conditions.

 

USER CONTENT AND LAWFUL USE OF THE WEBSITE

 

For any Content or information that you upload, display, post, transmit, send, email or submit to us on the website or on any of our social media sites, you warrant that you are the owner of that Content or have express permission from the owner of those intellectual property rights to use and distribute that Content to us.

 

You grant us and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to identify you, publish, post, reformat, copy, distribute, display, edit, reproduce any Content provided by you on our website and on any of our social media sites for any purpose. You shall be solely liable for any damages resulting from any infringement of copyrights, trademark or other proprietary rights of any Content or information that you provide to us.

 

You agree to not upload, display, post, transmit, distribute, send, email or submit to us on the website or on any of our social media sites any information or Content that is-

(a) illegal, violates or infringes upon the rights of others,

(b) defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, threatening,

(c) encourages or advocates conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any law,

(d) distribute material including but not limited to spyware, computer virus, any kind of malicious computer software or any other harmful information that is actionable by law,

(e) any attempts to gain unauthorized access to any portion or feature of the website, and

(f) send unsolicited or unauthorized material or cause disruption in the operation of the website. You agree to use the website for lawful purposes only and shall be liable for damages resulting from violation of any provision contained in these Terms and Conditions.

 

THIRD PARTY LINKS

The website may contain links to third party websites or resources for your convenience. We may serve as an affiliate for some of these third party websites by offering or advertising their products or services on our website; however, we do not own or control these third party websites. Once you click on a third party link and leave our website, you are no longer bound by our terms and conditions.

You agree that we are not responsible or liable for the accuracy, content or any information presented on these third party websites. You assume all risks for using these third party websites or resources and any transactions between you and these third party websites are strictly between you and the third party. We shall not be liable for any damages resulting from your use of these third party websites or resources.

 

USE OF OUR PAID AND FREE PRODUCTS

 

We may offer free products for you to download and also sell paid courses, programs, physical or digital products and any other related materials (collectively, “products”) on our website. We only grant you a limited, personal, non-exclusive and non-transferable license to use all our products for your personal use only.

 

You acknowledge and agree that you have no right to share, modify, sell, edit, copy, reproduce, create derivative works of, reverse engineer, enhance or in any exploit our products. You cannot sell or redistribute any of our products, whether free or paid ones, without our express written consent. 

 

USERNAME AND PASSWORD

To access certain features of our website, including any private membership areas, you may need a username and password. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current and complete information about yourself. If we have reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from our website to any other person, we have the right to suspend or terminate your account and refuse any and all current or future use of our website or their online material, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of our website’ Privacy Policy.

 

COMMUNICATION

By setting up your account with us, you expressly agree that you will receive communications from us, including email messages. You acknowledge and agree that you consent to the receipt of such messages and that your receipt of such messages does not violate the CAN-SPAM Act and/or any state and federal laws related to commercial communications. You may stop receiving such messages by following the opt-out instructions provided by us in any such communication.

 

TERMINATION

 

We reserve the right in our sole discretion to refuse, remove, restrict your access, revoke and terminate your use of our website including any or all Content published by you or us at any time for any reason, without notice.

 

 

PLANS, FEES, RENEWAL, CANCELLATION

 

Single User Monthly or 6-month Subscribers

1. The term “Monthly Subscription” or “6-Month Subscription” is defined as a 30 day period or 6 month period, respectfully. Subscription renews automatically each month, or every 6 months, until cancelled by the subscriber.
2. The subscription fee is charged on the renewal date unless there is no corresponding renewal date within a given month, in such case renewal fee will be billed approximately 30 days of last payment. (example: a renewal date of the 31st  will not have a corresponding renewal date for months with less than 31 days therefore billing will occur approximately 30 days after the previous charge).
3. Subscription fees are non-refundable.
4. We reserve the right to increase subscription fees at any time for any reason with a 30 day notice to subscribers.
5.  We maintain the right to terminate the monthly or 6-month subscription and these Terms and Conditions if it is unable to renew the subscription based on outdated or inaccurate credit card information.
6. Monthly or 6-Monthly Subscribers may cancel their subscription at any time, for any reason. The access to the training library will continue for approximately 30 days after final payment is received. You can cancel your membership by signing into your account and following the links from the “My Account” page or contacting us [email protected]

 

Single User Annual Subscriber

1. The term “Annual Subscriber” is defined as a 365 day period and renews automatically at the end of the 365 day period unless cancelled by the subscriber.
2. Fees are charged on the renewal date
3. Annual subscription fees are non-refundable.
4. The webite reserve the right to increase subscription fees at any time for any reason with a 30 day notice to subscribers.
5.  We maintain the right to terminate the annual subscription and these Terms if it is unable to renew the subscription based on outdated or inaccurate credit card information.

 

Single User Lifetime Member

1. The term “Lifetime Member” is defined by the lifetime of Sincere Consulting LLC. as an independent entity.
2. No fees charged beyond initial Lifetime fee.
3. Lifetime fee is non-refundable.
4. Lifetime membership does not guarantee access to courses released after the start of your membership or new features added to the site.
5. The Lifetime Membership is considered complete if Sincere Consulting LLC incurs a business failure, sale or transfer of ownership. 

 

Multi-User Accounts

1. “Multi-User Accounts” are annual subscriptions defined as a 365 day period.
2. Multi-User accounts do not renew automatically.
3. Number of users on Multi User Accounts are determined between Train Simple and the account holder and can vary form account to account.
4. Multi-User subscription fees are non-refundable.
5. We reserve the right to increase Multi User Account renewal fees at any time for any reason.

 

Free Trials

1. Free trials are only valid for the initial term. A free trial must be terminated before the initial term expires to avoid subscription fees.

 

Refund Policy:

We will consider a full refund if a request is made within 48 hours of registering  for a program or course if more than $100 less the cost of any materials or products already received. Client agrees to a phone call before any consideration of a refund is made.

 

 

NO WARRANTIES

 

ALL CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES ON THE WEBSITE ARE “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES PROVIDED ON OUR WEBSITE. COMPANY MAKES NO WARRANTIES THAT OUR WEBSITE WILL PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS OR THAT THE INFORMATION PRESENTED HERE WILL BE COMPLETE, CURRENT OR ERROR-FREE. COMPANY DISCLAIMS ALL WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO THE FULL EXTENT PERMITTED BY LAW.

 

LIMITATION OF LIABILITY

 

You agree that under no circumstances, we and/or our officers, employees, successors, members, managers, joint venture partners or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this website including but not limited to all the Content, information, products, services and graphics presented here.

 

You expressly agree that your use of our website is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, outcome of your actions, personal and business results, and for all other use in connection with our website.

 

You also expressly agree that we and/or our officers, employees, successors, members, managers, joint venture partners or anyone else working with us shall not be liable to you for any damages resulting from 1) any errors or omissions on the website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information, and any other system failures; 2) any loss of income, use, data, revenue, profits, business or any goodwill related to our website; 3) any theft or unauthorized access by third party of your information from the website regardless of our negligence; and 4) any use or misuse of the information, products and/or services offered here.

 

This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You agree that we provide no express or implied guarantees to you regarding the Content presented on our website, and you accept that no particular results are being promised to you here. Regardless of the type of loss or damage you may claim, unless prevented by law, our (including our officers, directors, members, managers, employees, consultants, and independent contractors) damages shall be limited to a maximum of $500.00, including attorneys fees and costs.

 

INDEMNIFICATION

 

You agree to indemnify and hold the Company and/or its officers, employees, successors, members, managers, joint venture partners or anyone else working with us harmless from all losses, claims, damages, demands, actions, suits, proceedings or judgments, including costs, expenses and reasonable attorneys' fees ("Liabilities") assessed against or otherwise incurred by you arising, in whole or in part, from: (a) actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees or representatives; (b) all your actions and use of our website including purchasing products and services; (c) violation of any laws, rules, regulations or ordinances by you; or (d) violation of any terms and conditions of our website by you or anyone related to you; e) infringement by you or any other user of your account of any intellectual property or other rights of anyone. Company will notify you promptly of any such claims or liability and reserves the right to defend such claim, liability or damage at your expense. You shall fully cooperate and provide assistance to us if requested, without any cost, to defend any such claims.

 

USE OF AGREEMENT IN COURT

 

A printed version of the entire Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings with respect to our website to the same extent and given the same effect as other business contracts and documents kept and maintained in printed form.

 

SEVERABILITY

 

If any provision in these Terms and Conditions is deemed by a court, regulatory authority or other public or private tribunal of competent jurisdiction to be invalid or unenforceable, such provision is deemed to have been omitted from this Agreement. The remainder of this Agreement remains in full force and effect, and is modified to any extent necessary to give such force and effect to the remaining provisions, but only to such extent.

 

 

COPYRIGHT

 

Except for material in the public domain under United States copyright law, all material contained on our website (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in the Agreement, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on our website without the prior written, signed consent of the copyright owner.

 

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DISCLAIMER

By visiting and using our website, you accept and agree to be bound by this Disclaimer. Your continued use of our website including this one constitutes your acceptance of future changes and updates to this Disclaimer. You must not access or use our website if you do not wish to be bound by this Disclaimer.

MEDICAL / HEALTH DISCLAIMER

All content and information provided in or through on our website including our courses, programs and any other products or services that we offer is for informational and educational purposes only, does not constitute medical, psychological or health advice of any kind and we do not warrant that the information presented herein is free of any errors or omissions. We are not providing medical, health care, nutrition therapy or coaching services to diagnose, treat, prevent or cure any kind of physical ailment, mental or medical condition.

Although we strive to provide accurate general information, the information presented here is not a substitute for any kind of professional advice, and you should not rely solely on this information. Always consult a professional in the medical and health area for your particular needs and circumstances prior to making any medical or health related decisions. For your health related questions, please seek the advice of a licensed physician or any other qualified health care provider immediately.

AFFILIATE / THIRD PARTY LINKS DISCLOSURE AND DISCLAIMER

We may partner with other businesses or become part of different affiliate marketing programs whose products or services may be promoted or advertised on our website, in our programs and/or products in exchange for commissions or financial rewards when you click and purchase those products or services through our affiliate links. We will receive a commission if you make a purchase through our affiliate link at no extra cost to you.

We may also recommend other products, services, coaches and consultants but no such reference is intended to be an endorsement or statement that such information provided is accurate and you agree it is your responsibility to conduct your own due diligence to ensure you have obtained complete accurate information about such product, services, coaches and consultants.

Any coaches that are part of our programs, products and/or services may be our affiliates but they are independent contractors. They are not our employees, partners, joint venturers or serve as our agents. As independent contractors, these coaches during their engagement are solely responsible for determining the means and methods by which they perform their coaching services. As such, we disclaim all responsibility and liability for their coaching services, advice or customer service and you agree to hold us harmless and indemnify us from such claims. You are encouraged to conduct your due diligence before relying upon any information from our affiliate partners such as these coaches.

We have also partnered with Arbonne International to offer you products and/or services. Arbonne products are not intended to treat or cure any diseases or health conditions and all statements on our website, programs, products and/or services have not been evaluated by the Food and Drug Administration (FDA).

These affiliate or third party relationships in no way compromise the integrity of the content, information, services and materials being presented to you here, and you are under no obligation to click on these affiliate links to purchase those products or services being offered. These affiliate programs are selected based on personal experiences and preferences for your convenience.

Although we provide these affiliate links on the website for your convenience, we have no control over these external websites and they are solely responsible for their own content and information presented. You agree that Sincere Consulting, LLC and/or its officers, employees, successors, members, managers, joint venture partners or anyone else working with us will not be held liable or responsible for any content presented on these external websites and for any damages resulting from them, and you agree to hold us harmless and indemnify us from such claims.

We are a participant in the Amazon Services LLC Associates Program, which is an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.

This disclaimer policy applies to all affiliate links we share on our website, social media, emails, programs, products such as courses, ebooks, services and through any other means of communication with you.

NO GUARANTEES OR PROMISES

Through our website, programs, products and/or services, we aim to support and teach you sustainable nutritional concepts. But your success with our programs, products and/or services depends completely on your own effort, work ethic, commitment and dedication. We cannot and do not guarantee or promote results of any kind and each individual’s results will vary based on their own individual performance and efforts. Any examples or results we share with you are for informational purposes only to show you what’s possible. Ultimately, you are solely responsible for your successes and failures with our programs, products and/or services including your application of any other information you receive from our website or elsewhere.

EARNINGS DISCLAIMER, TESTIMONIALS AND OTHER DISCLAIMERS

We may disclose our income reports and success results of our current or former customers including product reviews and testimonials on the website from time to time. These income reports, product reviews and testimonials are accurate and strictly for informational purposes only.

We share this information as examples to you but it does not serve as a guarantee or promise of any kind for your results and successes if you decide to use the same information, reviews, products, services, tips and techniques offered here.

All the testimonials included on our website, programs, products and/or services are examples and stories of other people’s experiences with our programs, products and/or services which we believe to be true but which we have not verified. These testimonials are not intended to serve as a guarantee that you will achieve same or similar results. Each individual’s performance is different and your results will vary accordingly.

You are encouraged to perform your own due diligence and research and are solely responsible for the actions you take. Your earning potential and results are contingent upon your personal circumstances, abilities, experience and skills. You acknowledge that through the information presented on our website, programs, products and/or services, we have not made any representations to you related to your health, physical, medical, mental, emotional, or promised any benefits, future income or any other results. Therefore, you agree not to hold us and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us liable for any of your successes or failures directly or indirectly related to the information, reports, reviews, products and/or services presented to you here.

SPONSORED POSTS / REVIEWS DISCLAIMER

We may include sponsored blog posts on our website from time to time for products or services we recommend or those that we believe may be of benefit to others.

We may review different products, services and other resources to provide reviews of books, services and any other recommendations to you. We may receive incentives, discounts, compensation or free products in exchange for our reviews and sponsored content. All such reviews and sponsored posts are solely our opinions made in good faith. You are always encouraged to perform your own due diligence prior to relying on them.

We share this information as examples to you but it does not serve as a guarantee or promise of any kind for your results and successes if you decide to use the same information, reviews, products, services, tips and techniques offered here.

You are encouraged to perform your own due diligence and research and are solely responsible for your decisions, purchases from our affiliate links, sponsored content and results. Your earning potential and results are contingent upon your personal circumstances, abilities, experience and skills. Therefore, you agree not to hold us and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us liable for any of your successes or failures directly or indirectly related to the information, reports, reviews, products and/or services presented to you here.

FAIR USE DISCLAIMER

This website review products, books and programs including but not limited to posting of product images from other websites, logos of manufacturers or businesses. In doing so, no copyright is claimed for this kind of content on the website and to the extent that such material may appear to be infringed, we assert that such alleged infringement is permissible under the fair use principles of U.S. copyright laws. If you believe any material has been used in an unauthorized manner, please contact us at [email protected]

NO WARRANTIES

ALL CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES ON THE WEBSITE ARE PRESENTED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES PROVIDED ON THIS WEBSITE. COMPANY MAKES NO WARRANTIES THAT THE WEBSITE WILL PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS OR THAT THE INFORMATION PRESENTED HERE WILL BE COMPLETE, CURRENT OR ERROR-FREE. COMPANY DISCLAIMS ALL WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO THE FULL EXTENT PERMITTED BY LAW.

LIMITATION OF LIABILITY

You agree that under no circumstances, we and/or our officers, employees, successors, members, managers, joint venture partners or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this website including but not limited to all the content, information, products, services and graphics presented here.

You expressly agree that your use of our website including this one is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, outcome of your actions, personal and business results, and for all other use in connection with our website.

You acknowledge that your use of our website and participation in our programs, products and services is voluntarily and that you are solely and personally responsible for your health, well-being and all your results. You agree to use your own due diligence and judgment before applying our recommendations to your life and health and are solely responsible for how you use any other information from our website, programs, products and/or services.

You also expressly agree that we and/or our officers, employees, successors, members, managers, joint venture partners or anyone else working with us shall not be liable to you for any damages resulting from 1) any errors or omissions on the website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information, and any other system failures; 2) any loss of income, use, data, revenue, profits, business or any goodwill related to the website; 3) any theft or unauthorized access by third party of your information from the website regardless of our negligence; and 4) any use or misuse of the information, products and/or services offered here.

This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here.

INDEMNIFICATION

You agree to indemnify and hold the Company and/or its officers, employees, successors, members, managers, joint venture partners or anyone else working with us harmless from all losses, claims, damages, demands, actions, suits, proceedings or judgments, including costs, expenses and reasonable attorneys' fees ("Liabilities") assessed against or otherwise incurred by you arising, in whole or in part, from: (a) actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees or representatives; (b) all your actions and use of our website including purchasing programs, products and services; (c) violation of any laws, rules, regulations or ordinances by you; or (d) violation of any terms and conditions of this website by you or anyone related to you; e) infringement by you or any other user of your account of any intellectual property or other rights of anyone. Company will notify you promptly of any such claims or liability and reserves the right to defend such claim, liability or damage at your expense. You shall fully cooperate and provide assistance to us if requested, without any cost, to defend any such claims.

 

You agree to conduct your own due diligence and research and to accept all risks related to reliance on any information, services, or products we provide or make available through our website or third party links. We make no representations, warranties, or guarantees of any kind, express or implied, about the completeness, accuracy, reliability, suitability of the information, services, or products made available through our website and third paty links and you agree to hold us harmless from any claims or loss you may suffer as a result of your use of any information, services, or products we provide or make available through our website or third party links. You agree that any reliance you place on any information, services, or products we provide or make available through our website or third party links is solely at your own risk and you hereby agree to hold us harmless and indemnify us from any such loss or claims resulting from your use of any information, services, or products we provide or make available through our website or third party links.

 

You agree and represent that we shall at no point be held liable for the actions or omissions of any person that you either interact with, communicate with, or receive any type of services or products from as a result of connecting on through our website. We do not provide confidential communications between persons using our website, so please note that any communications you have with others is not protected or confidential.

 

No Reliance on User-Generated Content. The Content we may post or that is generated by others abd posted on our website or social medial channels, including blog posts, is provided for informational purposes only, with no assurance that the Content is true, correct, or accurate. Content on our website is not a substitute for professional business, health, medical, financial, legal, or any other type of advice nor is it a solicitation to professional business, health, medical, financial, legal, or any other type of advice. You should not delay or  forego seeking independent advice regarding your particular situation. Delay in seeking such advice could result in waiver of any claims you may have, depending on the applicable statute(s) of limitation.

 

You agree that in no event shall we be liable for any loss or damage to you or any third parties including without limitation, indirect or consequential loss or damage, even if we are made aware of it or notified of it by you, or any loss or damage whatsoever arising from loss of data, money, assets, or profits arising out of, or in connection with, the use of our website or third party links you may visit.

 

You agree that in no event shall we be liable for any loss or damage to you or any third parties including, but not limited to, any loss caused in whole or in part by any inaccuracies or incompleteness, delays, interruptions, errors or omissions, including, but not limited to, those arising from our negligence or the negligence of any of our registered users, service providers or sites we link to or contingencies beyond our or any of our service providers’ control in procuring, compiling, interpreting, computing, reporting, or delivering the information or services or products we make available.

 

YOUR USE OF OUR WEBSITE

 

Your Use of our Website

 You may use our website only for legal and appropriate uses.  We reserve the right to make changes to our website, services, and products at any time and without notice. Your access to and use of our website, services and products is completely at the discretion of company, and your access to and use of our website, services and products may be blocked, suspended, or terminated without prior notice at any time for any reason or for no reason, including, without limitation, for any violation of the following rules:

• You must comply with all state, federal, and/or international laws, rules, policies and/or licenses governing communications while using our website, services and products, and with all applicable copyright, trademark, or other intellectual property rights laws.
• You may not upload, post, email, transmit or otherwise make available any Content which infringes any trademark, patent, copyright or trade secret or other proprietary right of any person or entity, unless you are the owner of the rights or have the permission of the owner to post such Content.
• You may not intimidate, harass, stalk, defame or intentionally offend other users or any other person or entity.
• You may not post any information that includes hate speech, threatening messages, defamation, pornography, nudity or graphic or gratuitous violence.
• You may not use our website, services and products to do anything that is unlawful, misleading, discriminatory, malicious or otherwise objectionable.
• You may not use our website if you are a convicted sex offender.
• You may not interfere or attempt to interfere with our website or another person’s use of our website by use of any program, script, command, device, software, routine, or otherwise.
• You may not create or use accounts by automated means, under false or fraudulent pretenses, or in a way that is misleading or misrepresents your identity or affiliation with another person or entity.
• You may not use a fake or false profile, resume, description, or picture of yourself or others.
• You may not use any software, automated program, robot, spider, scraper, or other computerized means to access our websties for any purpose without our advance written permission.
• You may not decompile, reconfigure, re-engineer, interfere or attempt to compromise our websties, platform, or system integrity or security in any way.

 

LICENSE AND USER CONTENT

 

Company grants you a limited, non-exclusive, non-transferable license to access and use our website in legally authorized jurisdictions for personal, business, and commercial purposes. This license is contingent upon your compliance with this Agreement. Any unauthorized use of our website shall automatically terminate the license granted to you by us for such use. You shall be solely responsible for your actions and the contents of your transmissions or information you post via our website. Although the company does not claim ownership of any of the photographs, videos, information, materials and other Content that you post via our website (collectively, “Your Content”), by posting Your Content, you automatically grant the company an irrevocable, perpetual, non-exclusive, fully paid, and royalty-free, worldwide license to use, reproduce, copy, perform, adapt, edit, revise, display, reproduce, and distribute Your Content in any manner, for any purpose, without restriction, and in any medium. You agree that our rights to Your Content, which rights are set forth in this Section and elsewhere in the Agreement, apply even after we or you terminate your account or use of our website.

 

RESPONSIBILITY FOR YOUR CONTENT

You may create Your Content, written or otherwise, and agree that you are solely responsible for Your Content, and any harm resulting from, any of Your Content that you post, upload, link to or otherwise make available via our website, regardless of the form of Your Content. Any liability, loss or damage that occurs as a result of the use of any of Your Content that you make available through our website is solely your responsibility. We are not responsible for any public display or misuse of Your Content and we do not verify, research, or verify the truthfulness or accuracy of any third party Content or information made available on or through the use of our website, which you agree you will separately verify or confirm from outside sources deemed reliable or your own professional legal, business, financial, health, medical, or personal advisors without relying on any Content, advertising or marketing that appears on or is accessible through our website.

 

RIGHT TO POST

You represent and warrant that you have the right to post all Your Content. Specifically, you warrant that you have fully complied with any third party licenses, sublicenses, or permissions relating to the posting of Your Content and have taken all steps necessary to post, display or pass through Your Content on our website.

 

WE MAY MODIFY OR REMOVE CONTENT

We have the right (though not the obligation) to, in our sole discretion, determine whether or not any of Your Content is appropriate and complies with the terms of our Agreement with you, or refuse or remove any of Your Content that, in our reasonable opinion, violates any of Our policies or is in any way harmful, inappropriate, or objectionable. We further reserve the right in our sole discretion to make formatting and edits and change the manner of any of Your Content.

 

OWNERSHIP

You acknowledge and agree that our website, all patent rights, trade secret rights, design rights, copyrights, trademark rights, and other property rights in our website shall at all times remain the our sole property. You will not acquire any right, title or interest in or to our website by reason our Agreement with you, except for the non-exclusive license to use our website in accordance with our Agreement with you.

 

COPYRIGHT INFRINGEMENT AND DMCA POLICY

If you believe that any Content located on our website or linked to a third-party website by us violates your copyright, please notify us in accordance with our Digital Millennium Copyright Act Policy.

 

1. Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and requests the same of users. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we will terminate a user’s access to and use of our website if the user is considered by us a repeat infringer of the copyrights or other intellectual property rights of the company or others. We may terminate access of users who we believe repeatedly provide or post protected third-party Content without appropriate rights and permissions.

 

1. DMCA Take-Down Notices. If you are a copyright owner or an agent of a copyright owner and believe, in good faith, that any materials provided on or through our website infringes upon your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending a properly formatted take-down notice..

 

If you are a copyright owner, or a designated agent thereof, please report alleged copyright infringements taking place on or through the Services by providing us the following information (the “Notice”):

The identity of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are covered by this Notice, a comprehensive list of the copyrighted works that you claim have been infringed;

The material that you claim is infringing, and information reasonably sufficient to permit us to locate the material, including at a minimum, the URL of the link shown on our website where such material may be found;

Your mailing address, telephone number, and, if available, email address;

 

Send the Notice in writing to the company’s designated copyright agent: Business: Sincere Consulting LLC, 176 Cherry Strett, Suite Suite #175, Milford, CT 06460 Attention: Copyright Agent

 

 

1. Response To DMCA Take-Down Notices. If we take action in response to an infringement notice, we will make a good faith attempt to contact the party that made such third-party Content available by means of the most recent email address, if any, provided by that party to us. Any DMCA infringement notice may be forwarded to the party that made that third-party Content available or to third parties such as https://lumendatabase.org/.

 

1. Counter-Notices. If you believe that Your Content that has been removed from our website is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use Your Content that you submitted, you may send a properly formatted counter-notice to the company’s copyright agent using the contact information set forth above.

 

1. Response to DMCA Counter-Notices. If a counter-notice is received by the company’s copyright agent, the company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed Content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content will be reinstated on our website in approximately ten (10) to fourteen (14) business days after receipt of the counter-notice.

 

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PROGRAM AGREEMENT

 

You hereby consent and agree to guidance while using any of our programs and you represent and agree that you understand the details of any of the program(s) you register for.  Our programs are designed to teach clients a path towards reaching their optimal health using specific combinations of specific low glycemic  index/anti-inflammatory foods in combination  with a holistic approach that focuses not only on our bodies but our mindsets, habits and systems. I agree to follow  the program designed or modified  by Disruptive Nutrition and the coach(es) assigned to me. You also understand that the cost of the program is designed to include the cost of supervision, coaching, and the program’s printed materials.

You agree to the following:

• You will follow the concepts and teachings outlined in the program.
• In order to achieve your desired goals, you agree not to quit or give up.
• You will be honest with yourself and agree that even if you stray from the approach you am taught, you will learn from the experience, give yourself grace, talk to your coach and let go of the guilt.

 

You also understand that the program you purchase is NON-transferable. You understand that weight loss and other measures of progress are not guaranteed  with this program, but that other clients have experienced  positive results while on the program.

 

You understand and agree that You are undertaking this program entirely at your own free will and risk and that your coach will endeavor to take all due care. You understand that your coach will rely on statements made by you to determine  that the program will be effective for you. You have informed or will inform the coach of all known physical and medical conditions as well as all medications  that You are currently  taking. You assume all responsibility and liability for any condition(s) or medication(s) you have failed to disclose.

 

You hereby waive any potential claim for liability against the coaches in this program as well as Sincere Consulting LLC and its subdivision, Disruptive Nutrition, and freely accept all liability and responsibility for your results while on this program.

 

You agree, acknowledge, and accept that we:

 

• Are not medically qualified;
• Are not a substitute for advice from a qualified doctor;
• Recommend that you consult your doctor before making any changes to your diet or exercise regime or taking any dietary supplement;
• Do not warrant the accuracy of any information provided;
• Are not liable for any losses you may suffer by relying on our advice;
• Do not require the use of any particular product;
• Are not a covered entity or a business associate of a covered entity under HIPAA.

 

By your signature below, and/or by instructing us to provide advice and services to you, you indicate your agreement to these terms.

 

What we do and do not do

 

We may provide you with information relating to products  that we believe might benefit you, but such information is not to be taken as an endorsement. The information provided is intended for informational  purposes only and should not be taken as professional medical advice or used as a substitute for medical care. We are not responsible for any adverse affects or consequences  that may result, either directly or indirectly, from that information.

 

We will make reasonable effort to protect the privacy of your medical information that is shared with us, including any medical test results. However, that information is not protected by doctor-patient confidentiality nor is it governed by HIPAA.

 

Consult your doctor

 

We are not qualified medical advisors and make no claims to be so. The information we provide should not be taken to be, and is not a substitute for, personal medical advice and instruction. You should not take any action based solely on our advice.

 

You should consult your doctor:

• for any medical interpretation of your test results;
• on any matter relating to your health and well-being;
• before making any changes to your exercise or diet;
• before taking any nutritional, herbal, homeopathic or hormonal supplementation;
• before beginning any therapy.

 

Exclusion of warranties

 

We will provide our services to you with reasonable care and skill. But we make no other warranty, express or implied, with respect to those services. All other warranties are excluded  to the maximum extent permitted by law.

 

• We make no warranty as to the accuracy of the laboratory test results received.
• We make no warranty, expressed or implied, as to the quality or effectiveness of any diagnosis, apparatus, treatment or product. In no event will we be liable for any physical or mental injury, or any negative side effects, that may arise from the use of any such diagnosis, apparatus, treatment or product.
• We believe that the information we provide, including that on our website, brochures, flyers and information packets, is accurate, but we cannot guarantee such accuracy. We therefore make no warranty as to the accuracy of that information, and it should not be relied upon as being correct, complete or accurate. It is your responsibility to verify such matters independently from primary sources of information and by taking specific professional advice.

 

Exclusion of liability

 

If you rely on, buy or use a product  or therapy, you do so at your own risk. Each person is different, and the way someone reacts to a product  or therapy may be significantly  different  from another. We cannot predict how you may react to any particular product  or therapy.

 

To the maximum extent permitted by law, we exclude:

 

• Any and all liability in contract, tort (including negligence), breach of statutory duty or otherwise for any direct, indirect, special, incidental, or consequential costs, losses, claims, damages, expenses or proceedings (including but not limited to loss of profits and wasted management time) incurred or suffered by you arising directly or indirectly out of or in connection with our services, including but not limited to any loss, damage or expense arising from any defect, error, imperfection, fault, mistake or inaccuracy with the information or advice we provide;
• Any and all liability for injury or loss arising out of the use of, or reliance on, the laboratory results and/or the dietary, supplement and lifestyle suggestions we may provide;
• Any and all liability for injury or loss arising from any product or treatment you

may choose to take;

• Any and all liability for any failure to identify any medical condition or disease.

You understand and agree that this is not the purpose of our services.

This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory,  direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

 

No recommendation

 

All material and information we may provide about products  and therapies is provided solely for educational  purposes and for use when discussing your health with your doctor. By providing you with such material and information, we do not necessarily endorse, recommend or promote any such product  or therapy.

 

Informed Consent And Release Of Liability

 

You understand that engaging in any nutrition program the various programs we offer, may have inherent risks associated with detoxing, including but not limited to headaches, nausea, dizziness, vomiting, fatigue, discomfort, and other temporary  ailments.

 

You understand that none of our programs have been approved by the FDA, any Federal or State authority.

 

You additionally  understand that none of our programs are meant to diagnose, treat or cure any disease or medical condition. You also understand that You should consult with my doctor prior to starting ANY exercise or nutritional supplement program.

 

You hereby release, discharge and agree to indemnify  our coach(s), Carrie Lupoli, Sincere Consulting LLC, their agents, servants, employees and affiliates from any and all liability, claims, causes of action and demands for personal or bodily injury or death that you or my personal representatives might have or might hereafter acquire through my implementation of any of the programs offered through our website.

 

You understand the details of the program. You understand and acknowledge that no money will be refunded  to you after you agree to the terms our Agreement from Sincere Consulting LLC, representing Disruptive Nutrition.

 

You acknowledge that you understand and agree to the terms of payment to pay Sincere Consulting LLC for the services of any program you choose.

 

 

MISCELLANEOUS

You acknowledge and agree that the provisions, disclosures, and disclaimers set forth in is Agreement are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. The failure of the Company to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect.

 

The Company shall have the right to assign the Agreement and to sublicense any and all of its rights thereunder. The Agreement, including any documents referenced herein, represent the entire understanding between you and us regarding your relationship with Company and your use of our website, products and services. This Agreement supersedes all previous written or oral agreements between you and us with respect to such subject matter.

 

Non-Assignability. The company may assign or delegate the Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Agreement or without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.

 

Section Headings and Summaries Non-Binding. Throughout the Agreement, certain sections may include titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.

Authorization to Contract. You represent and warrant that if you are an individual, you are of legal age to form a binding contract; or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to this Agreement.

 

 

CONTACT

 

For any questions, please contact us at [email protected].