Last modified as of January 13, 2019
B2C hereby reserves the right, in B2C’s sole discretion, to change, modify, add or remove any or all of these Terms & Conditions at any time by posting a revised version of these Terms & Conditions on the Website. Your use of the Website after the post of any such revised version of these Terms & Conditions shall be deemed as your agreement to and acceptance of any changes made therein from the original, whether or not you have reviewed them.
If you do not agree to these Terms & Conditions and/or to any revised version of these Terms & Conditions, you should not use the Website and should cancel your registration.
You hereby warrant and represent that you are of legal age to accept these Terms & Conditions and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
1. Special Terms
a. Parental or Legal Guardian Permission
The Website is not meant to be used by or otherwise accessed by children. B2C does not provide services or sell Products (as defined below) and/or its Program (as defined below) to children. Some of the Content (as defined below) that appears on or that is accessible through the Website may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THE WEBSITE. Children between the ages of 13 and 18 may use the Website only with the permission and active involvement of a parent or legal guardian.
If you are a minor, please do not provide B2C or other visitors to the Website with any personal information; and if you believe that a minor has submitted personal information without the permission and involvement of a parent or legal guardian, please contact B2C so that B2C may take appropriate action.
c. Health Disclaimer
The Website provides weight loss management and information applications and content published over the Internet and is intended only to assist users in their personal weight loss efforts. B2C is not a medical organization and its staff cannot give you medical advice or diagnosis. Nothing contained on or made available to you through the Website should be construed as medical advice or diagnosis. The information and reports furnished by B2C should not be interpreted as a substitute for physician consultation, evaluation, or treatment. You are urged and advised to seek the advice of a physician before beginning any weight loss effort or regimen. The Website is intended for use only by healthy adults. The Website is not intended for use by minors, pregnant women, or individuals with any type of health or medical condition. Individuals with health or medical conditions are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or regimen. For more information, please review the full version of B2C’s Health Disclaimer which is specifically incorporated into these Terms & Conditions by this reference.
2. Website Access
B2C hereby grants you a revocable, limited license to access and make personal, non-commercial use of the Website. There is no cost associated with the registration as a user of the Website (a “Registered User”) and you do not have to be a Registered User in order to browse the Website. There is no cost to sign up to receive B2C’s newsletters. However, in order to access or use some features of the Website, you may have to become a Registered User. As a Registered User, the Website may afford you greater opportunities to use and/or purchase certain products, offerings, features, resources or services contained on or offered through the Website including, without limitation, information in the form of newsletters, recent research and studies, articles and the possibility to purchase digital guides, audios and videos associated with nutrition, diet, health and overall well-being (individually and collectively “Product(s)”). In addition, you must be a Registered User in order to participate in, and to contribute to, any Community Area or use of the “Public Profile” feature of the Website. Please note that certain portions or special features of this Website and/or the Services are only available to individuals who purchase a subscription to the Program (as defined below) and/or related Products (“Program Member”). As a Program Member, you have a complete access to the Website and Services, based on which fee-based Products you select and/or subscribed to.
For the purpose of these Terms & Conditions a “Community Area” means any blog, personal page, group page, chat room, message board, bulletin board, recipe swap, or similar activity area where you can communicate with other Registered Users and/or post Submissions (as defined below). In B2C’s sole discretion and without prior notice or liability to you, B2C may discontinue, modify or alter any aspect of the Website including, but not limited to restricting the time the Website is available, restricting the amount of use permitted and/or restricting or terminating any user’s right to use the Website.
3. Registered User Account
If you elect to become a Registered User, you will be asked to set up an account with a password (a “Registered User Account”) and in connection therewith, you agree to provide B2C with true, accurate and complete information about yourself (collectively the “Registered User Data“), and to maintain and promptly update the Registered User Data and any other information you provide to B2C. You may not use a user name or other user identification or password that is already being used by another Registered User, that may be construed as impersonating another Registered User or any other person, that violates the intellectual property or other rights of any other Registered User or any other person, that is offensive or that B2C may reject for any other reason in its sole and absolute discretion. Without limiting any other provision of these Terms & Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or if B2C in its sole discretion has reasonable grounds to suspect that any Registered User Data is untrue, inaccurate, or incomplete, B2C reserves the right to suspend or terminate your Registered User Account and refuse any and all current and/or future use of and/or access to the Website (or any portion thereof). You agree not to assign, transfer or sublicense your rights as a Registered User. You further agree not to register for more than one Registered User Account, create a Registered User Account on behalf of someone else, or create a false or misleading identity on the Website. You are entirely responsible for maintaining the confidentiality of your password and Registered User Account information. You agree to notify B2C immediately in the event of any known or suspected unauthorized use of your Registered User Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password or any other breach of security known to you. You are entirely responsible for any and all activities which occur under your Registered User Account. If you do not comply with these Terms & Conditions at any time, B2C reserves the right to terminate your Registered User Account, your password and/or access to the Website (or any part thereof) and all related information and/or files relating to your Registered User Account, and/or to bar any further access by you to such information and/or files and/or to the Website. Further, you agree that B2C shall not be liable to you or any third party for any such termination or cancellation of your access to, or use of, the Website.
B2C may offer products and services on the Website that require payment of a fee(s). The price of a subscription to B2C’s “Trim Down Club Program” (the “Program”) will vary based on which fee-based Products you select and/or subscribed to. You may choose to make a one-time payment or recurring payments, as will be clearly shown on the applicable order form. If the Product offers a trial period option which would require an initial payment at the start of the trial and the remaining balance would be paid after the trial period expires. If you purchase a subscription to B2C’s Program and/or related Product that requires recurring payments and you later wish to discontinue making recurring payments after the Refund Period (as defined below) has ended, you will be required to cancel your subscription.
5. REFUND POLICY
You have a full 60 days (the “Refund Period”) to try B2C’s Program and related Products. If for any reason during the Refund Period you are dissatisfied with the Program and related Products, simply submit a request by the contact page to cancel your subscription. B2C’s customer service team will process the request, and you shall be refunded according to your means of payment at the time of purchase, within 5 business days. All purchases made after the expiration of the Refund Period are final.
6. Community Standards and Conduct Guidelines
a. You acknowledge that all Content (as defined below) posted, emailed, or otherwise transmitted to or on the Website, whether posted at B2C’s request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings“), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to the Website. B2C does not control the Postings posted, emailed or otherwise transmitted to or on the Website by others and, as such, B2C does not guarantee the accuracy, integrity or quality of such Postings. Although B2C has adopted community standards and conduct guidelines for its Registered Users (as described below), you hereby acknowledge that by using the Website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances shall B2C be liable to you in any way for any Postings (other than for Content developed by B2C) including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use by you of any Postings posted, emailed or otherwise transmitted to or on the Website.
b. You agree not to use the Website (including any Community Area) to:
i. Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in B2C’s sole discretion);
ii. Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;
iii. Impersonate any person or entity, including, but not limited to any Registered User of the Website, a director, officer, employee, shareholder, agent or representative of B2C and Trim Down Club, B2C’s affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Trim Down Club, or B2C’s affiliates or any other person or entity;
iv. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through the Website;
v. Upload, post, email or otherwise transmit any Postings or other materials that are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
vi. Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation, except in those areas of the Website, if any, that are specifically designated for such purpose;
viii. Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or systems;
ix. Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of a Community Area (or other portion of the Website) are able to type, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another Registered User’s experience of the Website;
x. Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
xi. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
xii. “Stalk” or otherwise harass another user Website or employee of B2C;
xiii. Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other Registered Users of the Website, including user names or other identification or passwords; or
xiv. Access or attempt to access another Registered User’s Registered User Account without such Registered User’s consent.
c. Your right to use the Website (including any Community Area) and contribute to discussions on any Community Area is conditioned upon your compliance with these community standards and conduct guidelines set forth herein. B2C may revoke your access to all or a portion of the Website and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to B2C’s attention. Further, if you fail to adhere to B2C’s community standards and conduct guidelines, or any of these Terms & Conditions, B2C may, in its sole discretion, terminate your use of, or participation in, any Community Area.
B2C reserve the right to remove or block, but it does not have the obligation to remove or block, any Submissions at any time without any notice or liability to you at its sole discretion. B2C reserves the right to disclose any Submissions and the identity of the Registered User who submitted such Submissions in response to a subpoena or whenever disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect B2C’s rights or the rights of others, or to enforce these Terms & Conditions. In addition, B2C reserves the right to terminate your access to and use of the Website or any part thereof or to censor, edit or block your transmissions thereto in its sole discretion without any notice or liability to you. You agree that the exercise of such discretion shall not render B2C as the owner of any Submissions, and the Registered User who submitted and/or made Submissions available on or through the Website will retain ownership thereof as described above. You may report objectionable Submissions on the Website by contacting B2C. B2C will review all such requests and will remove content that it determines should be removed, in its sole discretion, in accordance with these Terms & Conditions and in accordance with applicable law.
8. Third Party Products and Services
You may order services, merchandise and/or other Products through the Website from other parties or through links to websites owned and/or controlled by other parties (collectively, the “Third Party Sellers“). All matters concerning the services, merchandise and/or other Products offered by the Third Party Sellers including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. B2C makes no warranties or representations whatsoever with regard to any services, merchandise and/or other Products provided by the Third Party Sellers. B2C will not be construed as a party to any transactions between you and the Third Party Sellers, regardless of whether B2C receives any revenue or other consideration in connection with such transactions, and B2C will not be liable to you or any third party for any costs or damages directly or indirectly arising out of or related to any such transactions.
9. Restrictions on Use of Materials
The Website contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, “Content“) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is protected under the United States copyright laws (and, if applicable, similar foreign laws), and B2C owns the copyright in the selection, coordination, compilation, arrangement and enhancement of such Content. All trademarks appearing on the Website are trademarks of their respective owners. Trim Down Club is the trade name and the registered trademark and service mark of Kendago B2C Media Ltd. B2C’s commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have proprietary rights in the Content which they make available on the Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any purpose other than as specifically permitted hereunder including, but not limited to, use of any Content on any other website or networked computer environment is strictly prohibited unless you receive B2C’s prior written consent.
10. Disclaimers of Warranties
THE WEBSITE, THE PROGRAM AND THE PRODUCTS, CONTENT AND MATERIALS ON OR AVAILABLE THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. B2C DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER B2C NOR ANY OF ITS AFFILIATES, NOR ANY OF B2C OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THE WEBSITE OR ANY FUNCTION CONTAINED IN OR SERVICES PROVIDED THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY PRODUCT, CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, CONTENT OR MATERIAL. NEITHER B2C NOR ANY OF ITS AFFILIATES, NOR ANY OF B2C OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, CONTENT OR MATERIALS IN THE WEBSITE OR THE CORRECTNESS, ACCURACY OR RELIABILITY THEREOF. NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM B2C’s PERSONNEL OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.
11. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER B2C NOR ANY OF ITS AFFILIATES NOR ANY OF B2C OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF B2C HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON OR AVAILABLE THROUGH THE WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO THE WEBSITE; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (F) ANY OTHER MATTER RELATING TO THE WEBSITE. IN NO EVENT SHALL B2C’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE WEBSITE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You hereby agree to indemnify, hold harmless and, at B2C’s sole option, defend B2C and its affiliates, and B2C and their respective officers, directors, employees, stockholders, agents and representatives from any and all claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from or out of your improper or unauthorized use of the Website, Program and/or Products, your violation of these Terms & Conditions, or your infringement, or the infringement or use by any other user of your Registered User Account, of any intellectual property or other right of any person or entity.
13. Governing Law
The Website is hosted by B2C in Europe and in the United States of America, and is not intended to subject B2C to the laws or jurisdiction of any state, country or territory other than that of the Europe or the United States of America (as applicable). B2C does not warrant or represent that the Website, Program and/or the Products or any part thereof made available on or through the Website are appropriate or available for use in any particular jurisdiction other than Europe or the United States of America. Those who choose to access the Website and/or who purchase any Program and/or Products do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. B2C may limit the Website’s availability, in whole or in part, to any person, geographic area or jurisdiction B2C chooses, at any time and in its sole discretion. Notwithstanding anything to the contrary contained herein, you agree that any and all claims made hereunder shall be settled solely by confidential binding arbitration per the Israeli Institute of Commercial Arbitration rules. All arbitration must occur in Israel and Israeli law shall govern. Arbitration fees and costs shall be split equally, and you are solely responsible for your own attorney’s fees.
14. Miscellaneous Terms
B2C respects the intellectual property of its Registered Users and others, and asks its Registered Users to do the same. B2C may, in appropriate circumstances and in its sole discretion, terminate the rights of any Registered User to use the Website (or any part thereof) who infringes the intellectual property rights of others. This Copyright Policy specifically incorporates the Terms & Conditions, and any terms not specifically defined herein shall have the same meanings as those terms are ascribed in the Terms & Conditions.
For Owners of Copyrighted Works
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright law, please report alleged copyright infringements taking place on or through the Website by sending B2C a written notification via email at email@example.com. Your notification must include substantially the following:
a) a physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner;
b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works);
c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow B2C to locate the material on the Website;
d) your name, mailing address, telephone number and email address;
e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
f) a statement by you that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
Please note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.
Please also note that the information provided in your notification may be forwarded to the person who provided the allegedly infringing material; and claimant information will be posted on the Site in place of disabled or removed material.
For Users Who Wish To Restore Disabled or Removed Materials
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, please send B2C a counter-notice via email at firstname.lastname@example.org and submit the following in writing:
a) a physical or electronic signature;
b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
d) your name, address, and telephone number, and a statement that you consent (solely with respect to copyright infringement claims) to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for the judicial district in which B2C may be found, and that you will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a counter notification, B2C will forward it to the party who submitted the original copyright infringement claim. The complainant will then have 10 days to notify B2C that he or she has filed legal action relating to the allegedly infringing material. (https://thenybanner.com) If B2C does not receive any such notification within 10 days, B2C may restore the material to the Website.
HOW TO CONTACT B2C’s
Any questions or concerns about these terms and conditions of use should be brought to B2C’s attention via B2C’s contact page. You may also mail your concerns to B2C at the following address: Kendago B2C Media Ltd., 37 Shlomo Hamelech, Kiryat Ono, Israel, or via email at email@example.com