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By entering this private membership area, you agree to the following Terms & Conditions:
 
Terms & Conditions
Welcome to Connie Bennett’s Stop SUGAR SHOCK! to Break Free With Glee™, a six-week seminar series (the “Program”) developed by Stop SUGAR SHOCK! (“Stop SUGAR SHOCK”, “Stop SUGAR SHOCK!”, “we”, “our”, or “us”). The Program provides six live seminars (to be accessed via phone or online afterward) and companion audio replays for members at least twenty-one (21) years of age, who have registered with the Program (“Members”) to get help kicking their sugar habit to lose weight and more.
This Terms and Conditions (this “Agreement”) describes the terms and conditions applicable to your participation in the Program. Please read this Agreement carefully. You are only permitted to participate in the Program if you indicate your agreement to be bound by the terms and conditions of this Agreement as set forth herein.
By joining this Program and attending the calls, you acknowledge that you have read, agree with and accept all of the terms and conditions contained in this Agreement. Stop SUGAR SHOCK reserves the right, at any time, to modify, alter or update this Agreement by sending amended terms to Members, and you agree that your continued participation in the Program after any such revisions to this Agreement has been made indicates your acceptance to be bound by any such changes.
1. The Program.
(a) Schedule. The six-part Program initially takes place for six weeks, beginning Jan. 22, 2008.
(b) Medical Disclaimer. The Program is intended for educational purposes only and does not offer medical advice. Nothing contained in the Program is intended to constitute professional advice for medical diagnosis, treatment, or to advocate or recommend the taking of any course of action or the purchase or selection of any product or service. You should not rely upon advice received through the Program for medical or health decisions and we encourage you to consult with appropriate medical professionals, including without limitation a physician, for specific advice tailored to your specific health needs before acting upon any recommendation that is made via the Program. You agree that information received as part of the Program should not be understood to be medical or nursing advice and is certainly not meant to take the place of seeing licensed health professionals. The Program is not intended to endorse or guarantee the qualifications, credentials or appropriateness of any health care provider linked to or advertised, directly or indirectly, by the Program. You understand that Stop SUGAR SHOCK and Connie Bennett and other individuals teaching or leading the webinars/teleseminars and other portions of the Program are not medical doctors, nor are they acting in the capacity of a medical doctor, licensed dietician, licensed nutritionist, psychologist, psychiatrist or other licensed or registered health or other professional. Accordingly, you understand that Stop SUGAR SHOCK and Connie Bennett are not providing medical, health care, nutrition, or other therapy services for you and they will and have not diagnosed, treated or cured in any manner whatsoever, and disease or ailment of the human body. You further understand that dietary modifications can have adverse health consequences and agree to consult with your physician before making any changes to your diet. In the event that you believe that you have received medical or other advice which, in your opinion, constitutes an effort to “treat” or “cure” you in any manner whatsoever of any disease or ailment of the human body, you agree that you shall notify Stop SUGAR SHOCK immediately as set forth in Section 14 hereof.
(c) Personal Responsibility; Release. You expressly assume the risks of participating in the Program. You hereby release Stop SUGAR SHOCK and its officers, directors, shareholders, employees, instructors, lecturers, agents, health counselors and staff (collectively, the “Releasees”) from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity, which against the Releasees you have ever had, now have, or will have in the future, arising from your past or future participation in, or otherwise with respect to, the Program, unless arising from the gross negligence of the Releasees.
2. Registration.
(a) Becoming a Member. By submitting payment and attending the webinars, you are confirming that you are participating in the Program. In order to register as a Member, you must (i) provide us with certain personally identifiable information (“Personal Information”) such as your name, address, e-mail address, and credit card information, if applicable, and you must keep such Personal Information current, complete, and accurate (ii) affirm that you are at least 21 years of age, (iii) agree to pay Stop SUGAR SHOCK! the applicable fee for your participation in the Program, and (iv) authorize Stop SUGAR SHOCK! to debit your credit card with the applicable Program fees. You agree to immediately notify us of any unauthorized use of this information or any other breach of security. You agree that Stop SUGAR SHOCK! shall not be liable for any loss or damage arising from your failure to comply with this Section 2. You agree that you are legally obligated to pay to us the full amount of any Program fees, unless otherwise specified.
3. Ownership; Intellectual Property Rights.
(a) The content included in the Program, including but not limited to text, software, audio recordings, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks (collectively, the “Intellectual Property”), is the property of Stop SUGAR SHOCK! or its licensors or suppliers and is protected by law. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, circulate, display or in any way exploit any such material, in whole or in part, for any purpose other than personal, non-commercial use except as expressly permitted in this Agreement.
(b) Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Program are trademarks of Stop SUGAR SHOCK! (collectively, the “Trademarks”) and are protected by the trademark laws of the United States and other jurisdictions. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify any Trademarks in any way, including in advertising or publicity pertaining to or distribution of materials on the Web site, without our prior written consent. The Trademarks may not be used in any manner that is likely to cause confusion, or in any manner that disparages or discredits Stop SUGAR SHOCK!
4. Licenses. You acknowledge and agree that Stop SUGAR SHOCK! grants you a non-exclusive, limited license to use written materials it provides you by e-mail as part of the Program (the “Materials”). You agree that such materials shall be used only for your own legitimate personal purposes but not for the purpose of competing in any manner with the Program or business of Stop SUGAR SHOCK!. You hereby grant Stop SUGAR SHOCK! a non-exclusive, sub-licensable, perpetual license to use, reproduce, distribute, create derivative works from, and publicly display any of your statements regarding the Program or your related experiences with the subject matter thereof, in connection with our future program materials or promotional or other materials.
5. Non-Disclosure; Non-Competition. Notwithstanding Section 4 hereof, you acknowledge and agree that the Intellectual Property, including without limitation, the Materials, as well as all proprietary methods, tips, tactics, know-how, services, research and processes contained in the Program (“Confidential Information”) are proprietary to Stop SUGAR SHOCK! and shall be held by you in the strictest confidence, and that you will not disclose any such information to any third party in any manner, for any reason. You agree to take all reasonable measures necessary to safeguard the Confidential Information in order to prevent any portion thereof from falling into the public domain. You agree that Stop SUGAR SHOCK! shall have the right to seek an injunction to prevent unauthorized disclosures of the Confidential Information, and that all copies of the Confidential Information in your possession shall be returned to Stop SUGAR SHOCK! by you upon our request. You may not use the Confidential Information to compete with the Program, or Stop SUGAR SHOCK’s business initiatives in any manner. You acknowledge that rights to the Confidential Information are owned exclusively by Stop SUGAR SHOCK! and that your participation in the Program does not grant you any rights to use the Confidential Information in any manner other than as part of the Program. You agree not to create, write or sell a book, article, e-book, video or audio project, web site content or other product on the same or similar subject as the Program.
6. Access and Interference. You agree that you will not (i) use any device, software or routine to interfere or attempt to interfere with the Program, or (ii) take any action that imposes an unreasonable or disproportionately large load on the Program infrastructure.
7. Exclusion of Warranties.
(a) STOP SUGAR SHOCK! AND ITS SUPPLIERS ASSUME NO RESPONSIBILITY FOR HOW YOU USE THE INFORMATION PROVIDED THROUGH THE PROGRAM, AND STOP SUGAR SHOCK! MAKES NO PROMISES, GUARANTEES, PREDICTIONS OF SUCCESS OR ANY CLAIMS TO SPECIAL EXPERIENCE, INSIGHT, OR EXPERTISE IN PROVIDING THE PROGRAM. NO ADVICE OR INFORMATION OBTAINED FROM STOP SUGAR SHOCK!, WHETHER PROVIDED ORALLY OR IN WRITING, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. STOP SUGAR SHOCK! IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN THE PROGRAM. THE AUTHORS, EDITORS, PRODUCERS, SPONSORS, AND CONTRIBUTORS OF THE PROGRAM SHALL HAVE NO LIABILITY, OBLIGATION OR RESPONSIBILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED DIRECTLY OR INDIRECTLY AS A CONSEQUENCE OF THE PROGRAM. SPECIFICALLY, STOP SUGAR SHOCK! DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE REGARDING THE PROGRAM.
(b) STOP SUGAR SHOCK! MAKES NO GUARANTY OF THE ACCURACY, CORRECTNESS OR COMPLETENESS OF ANY CONTENT CONTAINED IN THE PROGRAM AND ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ARISING FROM THE USE OF ANY THEREOF; ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED THEREIN; LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT CONTAINED IN THE PROGRAM; ANY CONDUCT BY MEMBERS; OR ANY PRODUCTS OR SERVICES PROVIDED THROUGH OR IN CONJUNCTION WITH THE PROGRAM. ANY SUCH PRODUCTS OR SERVICES PROVIDED AS PART OF THE PROGRAM ARE ACQUIRED AS IS AND WHERE IS.
(c) WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE PROGRAM, AND OPERATION OF THE PROGRAM MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.
8. Limitation of Liability.
(a) IN NO EVENT SHALL STOP SUGAR SHOCK! AND ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES SUPPLIERS OR THIRD PARTY SERVICE PROVIDERS OR MARKETING PARTNERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, ANY GOODS AND/OR SERVICES ACQUIRED BY MEANS OF THE PROGRAM, WHETHER OR NOT THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. STOP SUGAR SHOCK’S LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, SUBSIDIARIES, EMPLOYEES, SUPPLIERS, AND THIRD PARTY SERVICE PROVIDERS, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE VALUE PAID BY YOU FOR THE GOODS AND/OR SERVICES WHICH GIVE RISE TO YOUR CLAIM.
(b) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 7 OR 8 HEREOF MAY NOT APPLY TO YOU.
9. Indemnity. You agree to indemnify and hold Stop SUGAR SHOCK! and its affiliates, officers, directors, stockholders, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party 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.
10. Money Back Guarantee. In the event that you are not completely satisfied with the Program, Stop SUGAR SHOCK! will fully refund the Program fee. To be eligible for the refund, within thirty (30) days of the live presentation of the final seminar in the series, you must (1) complete the full seminar series (either live or via audio replay); (2) complete all of the homework assignments for the seminar series (including both food work and inner work); (3) provide copies of all written homework assignments (if so requested by Stop SUGAR SHOCK!); and (4) state that the Program did not perform as expected. Please contact us at the e-mail address set forth in Section 14 to apply for this refund.
11. No Endorsement. The Program will include third party content. Stop SUGAR SHOCK! is not responsible for and assumes no liability for that content.
12. Privacy. We do not sell, rent or share the Personal Information that you submit as part of your Member profile to third parties for marketing purposes without your consent. Third-party service providers with whom we work may have access to your Personal Information in order to facilitate your participation in the Program. Any Personal Information you share with us will be kept confidential.
13. No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and Stop SUGAR SHOCK! by this Agreement.
14. Notices. All notices hereunder shall be given via e-mail to us at notice@sugarshock.com and to you at the address listed in your Member profile. Notice shall be deemed given ten (10) days after the date of the mailing.
15. Governing Law. You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding conflict of laws provisions thereof, and the parties hereby submit to exclusive jurisdiction in the federal and state courts of New York.
16. General. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be assigned by Stop SUGAR SHOCK!, in its sole discretion, to a third party. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.