Terms and Conditions
Intensive Dietary Management Inc.’s (“Intensive Dietary Management“, “The Fasting Method”,”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 The Fasting Method’s website (thefastingmethod.com) (the “Website”) or mobile application (the “App”), and any Intensive Dietary Management services, resources, blog posts, educational material, content, App, or the free community Facebook group (located at www.facebook.com/groups/obesitycodenetwork/ and www.facebook.com/thefastingmethod) (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 Fasting Method Membership Community.
The Services We provide at Intensive Dietary Management (or IDM.health or The Fasting Method or thefastingmethod.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 Fasting Method’s 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 ensure 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.
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