Intensive Dietary Management – Website Terms and Conditions
Terms and conditions
Welcome to the Intensive Dietary Management Membership Community!
Intensive Dietary Management Inc.’s (“Intensive Dietary Management”, “We”, “Us”, or “Our”, as applicable) current mission is to provide visitors and users, such as yourself (“You”), with education regarding intermittent fasting and low carbohydrate diets. To achieve Our mission, We provide You with knowledge, tools, and inspiration that We believe will benefit You.
Below are the terms and conditions (the “Terms”) that apply anytime You use or access Intensive Dietary Management’s website (idmprogram.com) (the “Website”), and any Intensive Dietary Management services, resources, blog posts, educational material, content, or the free community Facebook group (located at www.facebook.com/groups/obesitycodenetwork/) (together, with the Website, the “Services”). Before agreeing to participate, it is important that You read and understand the Terms.
You are voluntarily choosing to participate in the Intensive Dietary Management Membership Community.
The Services We provide at Intensive Dietary Management (or IDMprogram.com) are for informational purposes only and do not replace or constitute a substitute for professional or medical advice, consultation, evaluation, diagnosis, or treatment with a qualified medical professional (“Medical Advice”). Nothing contained in Our Website or the Services shall be interpreted as a substitute for Medical Advice; We are not a medical organization and Our staff cannot give You Medical Advice or diagnosis. Intensive Dietary Management does not endorse any specific tests, physicians, products, procedures, diets, lifestyle changes, opinions, or other information that may be referred to by the Services.
You should inform and consult with Your physician or healthcare provider before making any changes to Your lifestyle or beginning any programs, including Our program(s), and obtain periodic medical checkups with Your physician. Medical monitoring is especially important for people with a known medical condition. This Website and the Services are intended for use only by adults over the age of majority in their province or territory of residence. You acknowledge that Your use of the Services is solely at Your own risk. For questions or concerns about Your health or any medical conditions You may have, please contact Your physician or healthcare provider.
The Intensive Dietary Management Membership site is facilitated by Intensive Dietary Management staff. You acknowledge and agree that the Intensive Dietary Management staff cannot provide Medical Advice, interpret medical results, or issue or change prescriptions, and that the staff are not physicians, nurses, pharmacists, dieticians, nutritionists, or any other regulated health professionals (collectively, “HCPs”). You shall not treat any interaction with the Intensive Dietary Management staff as an interaction with an HCP or any information obtained through Intensive Dietary Management staff or the Services as Medical Advice. You are fully and solely responsible for any changes that You make to Your lifestyle.
The Services, including any User Content (as defined below) and testimonials found within the Services, are provided “as-is”, “where-is”, “with all faults” and “as available”, in each case, without any representations, warranties, conditions, or guarantees of any kind. We, on behalf of Ourselves and any affiliates and Intensive Dietary Management staff hereby disclaim all representations, warranties, conditions, and guarantees with respect to the Services (including any User Content and testimonials), whether express, implied, statutory, or arising from course of dealing or usage of trade, including with respect to merchantability, merchantable quality, quality or fitness for a particular purpose, non-infringement, availability, accuracy, completeness, usefulness, or reliability. We provide no warranty that the Services will meet Your requirements or that their operation, provision, or availability will be uninterrupted or free of errors, viruses/malware, or other harmful conditions or components. We provide no warranty that any defect in the Services will be corrected. You acknowledge that by agreeing to the Terms and using the Services, You have not relied on any representations, warranties, conditions, or guarantees made by Us.
Limitation of Liability
Under no circumstances will We, any affiliated companies, or any Intensive Dietary Management staff, directors, officers, agents, licensors, vendors, suppliers, distributors, or providers be liable to You or any third parties for any direct or indirect losses or damages arising out of or in connection with any use of or inability to use the Services, including a third party’s or Your reliance on the Services. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (including but not limited to, direct, indirect, incidental, consequential, special, punitive, and exemplary damages, loss of revenue, loss of income, loss of profit, loss of data, bodily harm, and loss of opportunity), whether in contract, strict liability, extra contractual fault, negligence, or other tortious action, even if We have been advised of, or should have known of, or have express knowledge of the possibility of such damages. If You are dissatisfied with the Services, or with these Terms, Your sole and exclusive remedy is to discontinue using the Services immediately. You acknowledge by Your use of the Services that Your use of the Services is at Your sole risk. We have no responsibility and will in no way be held responsible for the health, bodily integrity, medical wellbeing, or healthcare of You or any third party. Applicable Law (as defined below) may not allow the limitation of liability set forth above, so this limitation of liability may not apply to You. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Intensive Dietary Management, any affiliated companies, or any of Our employees, staff, directors, officers, agents, vendors, licensors, suppliers, distributors, or providers under such circumstances for liabilities that would have been limited will not exceed $50 CAD.
While using the Services, You may have the opportunity to upload or post materials or comments (“Your Content”), and to view the posts and comments of other users (“User Content”).
You shall not include anything in Your Content that: (a) is obscene, defamatory, or scandalous; (b) infringes, violates, or misappropriates any intellectual property rights of any third party; (c) constitutes spam or advertising; (d) is intended to impact or degrade the performance of the Services or the performance of other users’ devices; (e) impersonates Intensive Dietary Management or any of Our employees; or (f) violates any Applicable Laws or regulations. You acknowledge and agree that We may moderate, review, edit, modify, alter, remove, delete, or block any of Your Content in Our sole discretion and without any further obligation to You.
We, Our customers, Our affiliates, Our employees, and Our representatives may collect, use, store, and disclose all or part of Your Content in any manner, for any purpose, and at any time (including after any termination of these Terms and/or after You discontinue Your use of the Services), and You hereby consent to any such collection, use, storage, and disclosure. By submitting Your Content to the Services, You represent and warrant that You have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. You hereby grant to Us and Our affiliates, employees, and representatives an unlimited, worldwide, royalty-free, perpetual, irrevocable, transferrable, assignable, and unrestricted license to collect, use, store, perform publicly, translate, modify, create derivative works from, publish, and disclose any and all of Your Content in any manner, for any purpose, and at any time (including after any termination of these Terms and/or after You discontinue Your use of the Services). You irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
You acknowledge and agree that We are under no obligation to moderate, review, edit, modify, alter, remove, delete, or block any User Content and that We have no responsibility or liability arising from any User Content, including for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, hate speech, danger, illegality, or inaccuracy in the User Content.
Links to Third-Party Sites
You will not sue Intensive Dietary Management, its parent and affiliated companies, and their respective officers, directors, employees, agents, vendors, suppliers, licensors, distributors, or providers, and hereby waive any and all claims against such parties relating to any loss, damage, or liability whatsoever arising out of or related to Your use of the Services, acts or omissions in response to Your use of the Services, and acts or omissions of other users related to the Services. You will defend, indemnify, and hold harmless Intensive Dietary Management, its parent and affiliated companies, and their respective officers, directors, employees, agents, vendors, suppliers, licensors, distributors, and providers from and against any claims, actions, or demands, including, without limitation, legal and accounting fees, alleging or resulting from Your breach of the Terms, use or misuse of the Services, Your violation of any laws, regulations or third party rights, Your negligent act or omission, Your willful misconduct, or Your reliance on the Services as Medical Advice or any other form of lifestyle or health advice.
License and Ownership
Provided You comply with the Terms, We hereby grant to You a revocable, limited, non-transferrable, non-assignable, non-exclusive, personal license to use the Services in accordance with the Terms, and any other terms, conditions, instructions, or guidelines made available through or in connection with the Services.
The Services are exclusively Our property and are protected by copyright, trade-mark and other intellectual property laws. Any rights not expressly granted by Us to You are reserved by Us, and We disclaim any implied rights and licenses.
You will not copy, reproduce, publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, or create derivative works from the Services and/or any User Content, or any part thereof. You will not assign, sublicense, convey or otherwise transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder with respect to the Services and/or any User Content. You will not copy, reverse engineer, translate, adapt, scrape, store, collect, or modify the Services and/or User Content, or any part thereof. You will not distribute, post, publish, market, co-brand, or private label the Services and/or User Content, or any part thereof. You will not use the Services and/or User Content, or any part thereof: (a) for the benefit of any other person or entity, (b) to create any new content, software, components, designs or tools, including for the purpose of competing with, replacing, or emulating the Services or User Content; (c) use the Services or User Content for any commercial purpose whatsoever; or (d) in competition with Us in any way. You will not cause, assist or permit any third party to do any of the foregoing.
If You fail to comply with these Terms, then: (a) You are required to immediately stop using the Services; and (b) the Terms will terminate immediately and without notice to You. In Our sole discretion, We may terminate or restrict Your use of the Services at any time and without notice. We will not be liable to You or any third party for any termination of the Terms or any termination or restriction of Your right to use the Services. In the event that the Terms are terminated for any reason: (i) You are required to immediately stop using the Services; (ii) the license to use the Services as set out herein will terminate contemporaneously; and (iii) with the exception of the license to use the Services, all other terms and conditions in the Terms will survive such termination.
You acknowledge that any violation of these Terms will cause irreparable damage or injury to Us, the exact amount of which may be impossible to ascertain, and that, for such reason, in addition to any other remedies available to Us, We are entitled to proceed immediately to court in order to obtain, and You will consent to, interim, interlocutory, and final injunctive relief restraining You from breaching, and requiring You to comply with, Your obligations pursuant to these Terms, without a requirement that a finding of irreparable harm or other criteria for the awarding of injunctive relief be made. You acknowledge the importance to Us of Your strict compliance with the terms and conditions of these Terms and acknowledge that Our interest in the strict enforcement of these Terms will outweigh the balance of convenience or harm that You may suffer as a result of the strict enforcement of these Terms. Nothing in this Section will be construed to limit the right of Intensive Dietary Management to obtain injunctive relief in any other circumstance in which We may be otherwise entitled to such relief.
Compliance with Laws
You will comply with all applicable laws and regulations of Canada and other countries (“Applicable Laws”) to ensure that the Services are not used for or in connection with any purpose prohibited by Applicable Laws.
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You attorn to the jurisdiction of the courts of the Province of Ontario with respect to any proceedings arising from these Terms.
These Terms (including the terms herein, the and any terms incorporated herein by reference) constitutes the entire agreement between You and Intensive Dietary Management with respect to the Services. Except as expressly provided herein, these Terms supersede and cancel all previous or contemporaneous written and oral agreements, communications, proposals, and representations relating to the subject matter contained herein.
Change of Terms
We may amend these Terms at any time, in Our sole discretion. Your continued use of the Services following any such amendment constitutes Your acceptance of such amendment. You acknowledge that it is Your responsibility to periodically review these Terms and any applicable changes and You hereby waive any entitlement to notice of changes to the terms and conditions contained herein. If You do not agree with any such amendment, then: (a) You are required to immediately stop using the Services; and (b) these Terms will terminate immediately and without notice to You.
No failure or delay of Intensive Dietary Management in exercising any right, power or remedy under these Terms will operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise of any right, power or remedy under these Terms. If any provision of these Terms is held by a court to be void, invalid, unenforceable or illegal, this will in no way affect the application of such provision in any other circumstance, or the validity or enforceability of these Terms or any other provision herein. Section headings used in these Terms are intended for convenience only and will not affect the interpretation or construction of these Terms. These Terms will enure to the benefit of, and be binding on, both You and Intensive Dietary Management and any successors and permitted assigns. You shall not assign Your rights or obligations under these Terms without Our prior written consent.
Intensive Dietary Management stores and uses Personal Information (as defined below) in order to provide You with good service. We will never sell Your Personal Information, and will only share it with third parties as described below.
Intensive Dietary Management is committed to ensuring the security of customer Personal Information in order to protect it from accidental loss and from unauthorised access, collection, use, alteration or disclosure. Intensive Dietary Management has put reasonable physical, organizational, and technological security measures in place for Personal Information, whether in paper, mechanical, electronic or other form, to ensure the security of this information. However, We cannot guarantee that unauthorised third parties will never be able to defeat those measures or use Your Personal Information for improper purposes.
The Personal Information We Store
“Personal Information” means information that can be used to identify, locate or contact You or could reasonably be used to identify, locate or contact You and which is submitted to and/or collected by Intensive Dietary Management and maintained by Intensive Dietary Management in an accessible form, in the course of Our commercial activities. When You use Our services, We may collect the following Personal Information:
(a) Comments, ratings, favorites, questions and similar information
When You submit information to Intensive Dietary Management to comment on posts and articles, rate a recipe or video, answer a question, or mark content as favorite or to watch later, the internet address You are using will be stored in addition to the information You are entering.
(b) Member information
A member’s name, email address and internet address used when ordering a membership will be stored. We also store data on Your order and how members use the site (video views, ratings, last visit etc.).
Your stored Personal Information and order information are displayed on Your My Account page once You have become a member.
We also store Your answers to surveys You may reply to via email or on Intensive Dietary Management.
(c) Access logs
Intensive Dietary Management stores standard access logs of all visits to the site. This includes access time, URL, internet address, and browser information.
Some cookies are stored on Your computer until You delete them. It You want to avoid storing cookies, You can turn off the feature in Your web browser. However, this may negatively impact Your user experience (for example, You will not be able to log in or register as a member).
Our publishing system WordPress may store a number of temporary or permanent cookies to enable logging in and to facilitate entry of comments on the site. We also store temporary cookies when You register and pay for membership.
In the context of Your customer relationship with Intensive Dietary Management, We collect and may use Personal Information that is reasonably necessary to fulfill the following purposes:
- Customer Service: to contact You about important service announcements and updates regarding Our websites, products or services, or to fulfill orders for products or services, for the provisioning of service, for customer inquiries and the resolution of problems associated with service, for informational type directory services and for other services related to Your order;
- Research:to carry out research and analysis and monitor customer use of Our network and products and services on an anonymous or personalised basis to identify general consumer trends and to understand better Our customers’ behaviours and partner with other businesses to create new services and to develop interesting and relevant products and services for Our customers, as well as personalise the products and services We offer You;
- Communications: where We have the appropriate permissions, to inform You of new products or services that will enhance Intensive Dietary Management’s ability to provide service to You;
- Managing Our Business Needs: such as billing, payment processing and financial account management, product development, product safety, contract management, Website administration, web-forum management, order or contract fulfillment, analytics, prevention or detection of fraud, corporate governance, reporting and legal compliance;
- Compliance with Applicable Laws: to ensure compliance with applicable laws and regulations, to comply with a subpoena or court order, or to comply with the rules of court regarding the production of records;
- Security: to ensure the security and processing of Your Personal Information.
Intensive Dietary Management retains Personal Information it collects only as long as it is necessary to completely fulfill Our Services.
How Do We Collect Your Personal Information?
Directly from You: We collect Personal Information directly from You. We will ask You for Personal Information when You interact with Us, such as when You register on Our websites, sign up to receive a newsletter, or make a purchase.
Sharing of Information with Third Parties
In general, Intensive Dietary Management will not share Your details with any third party unless required to do so by law.
However, We may share Your Personal Information with Our service providers, sub-contractors and agents in order to process Your transactions and to manage the client relationship.
We may disclose Your Personal Information to third parties:
- In the event that We outsource certain operational processes.
The exception is third-party providers Intensive Dietary Management uses to provide Our services.
Below is a list of the third-party providers Intensive Dietary Management uses and what information these have access to:
(a) Akismet anti-spam service
Intensive Dietary Management shares information about all blog comments to help avoid comment spam.
(b) Braintree and PayPal
Intensive Dietary Management uses Braintree, Stripe and PayPal to process payments. When You pay, the information required to process the payment is handled by Our payment-service providers Braintree, Stripe, or PayPal (if selected).
Intensive Dietary Management uses content delivery services to speed up access to the site. As requests to Intensive Dietary Management pass through these services they will get standard access information for each request sent.
(d) Google Analytics
Intensive Dietary Management uses Google Analytics to help Us understand how Our Website is used. As a result, Google Analytics stores cookies on Our site.
Intensive Dietary Management uses MailChimp to send Our newsletters and some other e-mails (such as for the 2-week challenge). For those who are signed up to the newsletters MailChimp will store e-mail information, and information about how You interact with individual e-mails (like open and click rates).
(f) Sharing buttons and widgets for Facebook, Pinterest and Twitter
Intensive Dietary Management uses social-media technology to allow You to share Intensive Dietary Management content. These services use their own third-party cookies.
(g) Vimeo and YouTube
Intensive Dietary Management uses video services (Vimeo, YouTube, etc.) that store their own third-party cookies.
The Right to Request and Modify Personal Information
You have a right to access, correct or delete Your Personal Information in Intensive Dietary Management’s custody or control, subject to limited exceptions. A request to access Personal Information must be made in writing to Megan Ramos [, Our Privacy Officer,] at [firstname.lastname@example.org]. We may require You to provide verification of Your identity to provide a copy of the information We hold.
In some circumstances, We may not be able to provide access to Your Personal Information, for example if it contains the Personal Information of other persons, if it constitutes confidential commercial information, or if it is protected by solicitor-client privilege. If We deny Your request for access to, or refuse a request to correct, Your Personal Information, We will advise You of the reasons for this refusal.
Responding to Your Email Inquiries and Contacting You by Email
When visitors or members send email inquiries to Intensive Dietary Management, the return email address is used to answer the email inquiry We receive. We do not share the return email address with any third party.
With Your consent (which You may provide below), We may send You commercial electronic messages to the email address You provided, including newsletters, information about Our products and services, and other information and news that We believe may be of interest to You. If You no longer desire to receive these communications, You have the option to withdraw Your consent to receive future communications at any time.
□ I consent to receiving commercial electronic messages from Intensive Dietary Management and understand that I may withdraw my consent at any time using the following link: Unsubscribe.
If You have questions please feel to contact Us at email@example.com.