Terms and Conditions of Use
Content and Copyright, Trademark, and Related Issues: All content, including information, text and graphics and all other material contained on the Website or features and functions which may be available on or through the Website (collectively, the “Content”) is for your personal informational purposes only. Content is owned by M&Co. or our licensors and is protected by the copyright, trademark and other laws and regulations of the United States and applicable foreign jurisdictions. Your use of the Content in any way not expressly permitted by these Terms and Conditions will immediately and automatically terminate your right to access the Website and/or use the Content. Access to the Website and the Content are subject to change or termination without notice.
The trademarks, names, slogans, logos, characters and service marks (collectively the “Trademarks”) displayed on our Website belong to M&Co. or have been licensed to M&Co. Nothing contained on the Website should be construed as granting you any license or right to use any Trademark displayed on our Website. Your use/misuse of the Trademarks, except as provided in these Terms and Conditions, is strictly prohibited. M&Co. will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. All rights not expressly granted herein are reserved.
Nutrition, Fitness and Wellness Information: Some Content presented on the Website contains general nutrition, fitness and wellness information. The Content is provided for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a particular medical condition. Never disregard professional medical advice or delay seeking such advice because of anything on or associated with the Website. If you think you may have a medical emergency, call your doctor or 911 immediately. You should always consult your own qualified health care professional concerning your particular circumstances and needs and should not and may not rely on the Website or any Content. The material on the Website is for informational purposes only and is not intended as a substitute for the advice and care of your physician. As with all new weight loss or weight maintenance regimes, the nutrition program described on the Website should be followed only after first consulting with your physician to make sure it is appropriate for your individual circumstances. Keep in mind that nutritional needs vary from person to person, depending on age, sex, health status, and total diet. Responsibility for any adverse effects that may result from the use or application of the information contained on this Website is expressly disclaimed.
Online Club/Membership: If you sign up for our Online Club or Membership and select monthly or annual membership your credit card will automatically be billed each month or year on the anniversary date at your current rate unless you cancel membership. There are no refunds for the Online Club. If you would like to cancel your membership, please contact us using our contact form and you will not be billed for the next billing period. We reserve the right to change pricing effective with your renewal date. If payment cannot be charged to your credit card we reserve the right to suspend or terminate your access and account. You can cancel your membership and join again at a later starting a new registration. If you would like to change your membership please contact us via our contact form.
Products Orders and Refunds: Shipping and Returns Policies. We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice communicated to you through a posting on the Website or such other means as we may deem appropriate from time to time (including electronic mail).
Warranties: This website is provided “as is” without any representations or warranties, express or implied. M&Co. makes no representations or warranties in relation to this website, or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, M&Co. does not warrant that:
- This website will be constantly available, or available at all
- The information on this website is complete, true, accurate or non-misleading.
Exceptions: Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability of M&Co. in respect of any:
- Death or personal injury caused by the negligence of M&Co. or its agents, employees or shareholders/owners
- Fraud or fraudulent misrepresentation on the part of M&Co.
- Matter which it would be illegal or unlawful for M&Co. to exclude or limit, or to attempt or purport to exclude or limit, its liability
Miscellaneous: This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made, and to be performed in The United States of America. You agree any legal action or proceeding between M&Co. and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred. M&Co. failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. M&Co. may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved.
Passwords and Security: If you are a registered member of our Website you are responsible for maintaining the confidentiality of your password and user account information. You agree to notify us in the event of any known or suspected unauthorized use of your user account. M&Co. will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
Limitation of Liability: The use of the Website and Content is at your own risk. Transmissions over the Internet and communications networks are not in M&Co.s control and can never be completely secure. Accordingly, M&Co. cannot and shall not be liable for any delay, failure, interruption, compromise or corruption of any data or other information transmitted in connection with use of the Website, including information you provide to us or the Website for any reason. TO THE FULLEST EXTENT PERMITTED BY LAW, M&Co. AND THE WEBSITE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, STATUTORY AND OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. In no event shall M&Co., the Website, our licensors, suppliers or Content providers be liable for any damages, including, without limitation, direct, indirect, incidental, consequential, special, exemplary and special damages or damages resulting from lost data or business interruption, regardless of the form of action or the basis of the claim, whether based on warranty, contract, tort, strict liability or any other legal theory, and whether or not a party has been advised of the possibility of damages. If, for any reason, M&Co. shall be found to be liable, our aggregate liability to you or any other party or parties claiming with, under or through you, shall be limited to U.S. $1,000, notwithstanding any claim that such remedy fails of its essential purpose. No claim or action arising from or concerning the Website, the Content or otherwise arising hereunder may be brought later than one (1) year from the date the claim or cause of action arose.
Indemnification: You agree to defend, indemnify, and hold M&Co., its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, arising out of, resulting from, or alleged to result from, your violation of these Terms and Conditions of Use.
General: M&Co. is based in California, in the United States of America. M&Co. makes no claims that the Website, any Content or User Content are appropriate or may be transmitted, used or installed outside of the United States. Access may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Any terms or conditions in these Terms and Conditions of Use that must survive to give effect to their meaning, shall survive the termination, expiration or cancellation of these Terms and Conditions of Use.
Medical Disclaimer: Information on this web site is provided for informational purposes only. The information is a result of years of practice experience by the author. This information is not intended as a substitute for the advice provided by your physician or other healthcare professional or any information contained on or in any product label or packaging. Do not use the information on this web site for diagnosing or treating a health problem or disease, or prescribing medication or other treatment. Always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or using any treatment for a health problem. If you have or suspect that you have a medical problem, contact your health care provider promptly. Do not disregard professional medical advice or delay in seeking professional advice because of something you have read on this web site. Information provided on this web site and the use of any products or services purchased from our web site by you DOES NOT create a doctor-patient relationship between you and any of the physicians affiliated with our web site. The information contained in this online site is intended to provide accurate and helpful health information for the general public. It is made available with the understanding that the author and publisher are not engaged in rendering medical, health, psychological, or any other kind of personal professional services on this site. The information should not be considered complete, and does not cover all diseases, ailments, physical conditions or their treatment. It should not be used in place of a call or visit to a medical, health, or other competent professional, who should be consulted before adopting any of the suggestions in this site or drawing inferences from it.
Risk & Liability: M&Co. assumes no risk or liability for your use or misuse of information contained on this website. Health related and label information change frequently, and while every attempt has been made to ensure that the content on this site is accurate, you should always check with a healthcare practitioner before taking any supplements. Please Note: by submitting your hormone lab test results to M&Co. or company emails, you have agreed to and understand the results and comments provided in the hormone test report and follow-up consultation with M&Co. are for informational purposes only, and are not to be construed as medical advice. Please consult your health practitioner for diagnosis and treatment. M&Co. nor its coaches is a licensed medical physician, and does not give medical advice. If referred to a physician or health care provider, M&Co. assumes no liability for the referred physician’s advice, recommendations, or outcomes. Information on this web site is provided for informational purposes only. The information is a result of years of clinical practice experience and education by the author/s. This information is not intended as a substitute for the advice provided by your physician or other healthcare professional, or any information contained on or in any product label or packaging. Do not use the information on this web site for diagnosing or treating a health problem or disease, or prescribing medication or other treatment. Always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or using any treatment for a health problem. If you have or suspect that you have a medical problem, contact your health care provider promptly. Do not disregard professional medical advice or delay in seeking professional advice because of something you have read on this web site. Information provided on this web site and the use of any products or services purchased from our web site by you DOES NOT create a provider-patient relationship between you and any of the physicians, providers, or practitioners affiliated with our web site. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
FDA Disclaimer: The statements and products referred to throughout this site have not been evaluated by the FDA. They are not intended to diagnose, treat, cure, or prevent any disease or condition. If you have a health condition or concern, consult a physician or your alternative health care provider. Always consult a medical doctor before modifying your diet, using any new product, drug, supplement, doing new exercises, or changing your lifestyle dramatically. We recommend you educate yourself on the scientific/nutritional facts. To the extent possible, we try to aid you in this endeavor through information provided by our physicians educated in nutritional medicine, referral to various informational sites, including governmental entities.
M&Co. and the operator(s) of this site specifically disclaim all responsibility for any liability, loss or risk, personal or otherwise, which is incurred as a consequence, directly or indirectly, of the use and application of any of the material on this site.
Testimonial Disclaimer: In accordance with the FTC guidelines concerning use of endorsements and testimonials in advertising, please be aware of the following:
- Testimonials appearing on this site are received via text, audio, or video submission
- They are individual experiences, reflecting real life experiences of those who have used our products and/or services in some way or another
- They are individual results and results vary
- We do not claim they are typical results
- Testimonials are not necessarily representative of all of those who will use our products and/or services
The testimonials displayed (text, audio and/or video) are given verbatim except for correction of grammatical or typing errors. Some do not contain the entire testimonial when it seemed lengthy or did not seem relevant for the general public. M&Co. is not responsible for any opinions or comments posted to our site. M&Co. is not a forum for testimonials, however provides testimonials as a means for patients, clients, and customers to share their experiences with one another. To prevent against abuse, all testimonials appear after they have been reviewed by the management team of M&Co. M&Co.does not always share in the opinions, views, or commentary of any testimonials on this site, and are strictly the views of the reviewer. Additionally, these testimonials are not intended to make claims these products can be used to diagnose, treat, cure, mitigate or prevent any disease. These claims have not been clinically proven or evaluated by the FDA.
License to Use Website: Unless otherwise stated, M&Co. and/or its licensors own the intellectual property rights published on this website and materials used on M&Co. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not:
- Republish material from this website in neither print nor digital media or documents (including republication on another website)
- Sell, rent or sub-license material from the website
- Show any material from the website in public
- Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose
- Edit or otherwise modify any material on the website
- Redistribute material from this website – except for content specifically and expressly made available for redistribution
- Republish or reproduce any part of this website through the use of iframes or screenscraper type of data gathering
- Use the materials for any commercial purpose, or for any public display (commercial or non-commercial)
- Attempt to decompile or reverse engineer any software contained on M&Co.
- Remove any copyright or other proprietary notations from the materials
- Transfer the materials to another person or “mirror” the materials on any other server
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility o fM&Co., or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software. You must not use this website, or any part of it to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without the expressed written consent of M&Co. This license shall automatically terminate if you violate any of these restrictions and may be terminated by M&Co. at any time. Upon terminating your viewing of these materials, or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Restricted Access: Access to certain areas of this website is restricted. M&Co. reserves the right to restrict access to certain areas of this website, or at our discretion, this entire website. M&Co. may change or modify this policy without notice. If M&Co. provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security. M&Co. may disable your user ID and password at M&Co.’s sole discretion without notice or explanation.
User Content: In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. You grant to M&Co. a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to M&Co. the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or M&Co., or a third party (in each case under any applicable law). You must not submit any user content to the website that is, or has ever been, the subject of any threatened or actual legal proceedings, or other similar complaint. M&Co. reserves the right to edit or remove any material submitted to this website, or stored on the servers of M&Co. or hosted or published upon this website. M&Co.’s rights under these terms and conditions in relation to user content, M&Co. does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
Reasonableness: By using this website, you agree the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
Unenforceable Provisions: If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Breaches of these Terms and Conditions: Without prejudice to M&Co.’s other rights under these terms and conditions, if you breach these terms and conditions in any way, M&Co. may take such action as M&Co. deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your Internet service provider to request they block your access to the website, and/or bringing court proceedings against you.
Variation: M&Co. may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Revisions and Errata: The materials appearing on M&Co. could include technical, typographical, or photographic errors. M&Co. does not warrant any of the materials on its web site are accurate, complete, or current. M&Co. may make changes to the materials contained on its web site at any time without notice. PSI does not, however, make any commitment to update the materials.
Assignment: PSI may transfer, sub-contract or otherwise deal with M&Co.’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability: If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Restricted Access: Access to certain areas of this website is restricted. M&Co. reserves the right to restrict access to certain areas of this website, or at our discretion, this entire website. PSI may change or modify this policy without notice. If M&Co. provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security. M&Co. may disable your user ID and password at M&Co.’s sole discretion without notice or explanation.
Log Files: Like many other web sites, M&Co. makes use of log files. The information inside the log files includes internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and number of clicks to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses, and other such information are not linked to any information that is personally identifiable.
Disclosure: This website is a collaborative website written by a group of individuals. For questions about this website, please contact us. This website accepts forms of cash advertising, sponsorship, paid insertions or other forms of compensation. The compensation received may influence the advertising content, topics or posts made in this website. That content, advertising space or post may not always be identified as paid or sponsored content. This website does contain content which might present a conflict of interest. This content may not always be identified. The owner(s) of this website is compensated to provide opinion on products, services, websites and various other topics. Even though the owner(s) of this website receives compensation for our posts or advertisements, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on this website are purely the authors’ own. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question.
Email Policy: We are committed to keeping your e-mail address confidential. We do not sell, rent, or lease our subscription lists to third parties, and we will not provide your personal information to any third party individual, government agency, or company at any time unless compelled to do so by law. We will use your e-mail address solely to provide timely information from M&Co.). M&Co. will maintain the information you send via e-mail in accordance with applicable federal law.
CAN-SPAM Compliance: In compliance with the CAN-SPAM Act, all e-mail sent from our organization will clearly state who the e-mail is from, and provide clear information on how to contact the sender. In addition, all e-mail messages will also contain concise information on how to remove yourself from our mailing list so that you receive no further e-mail communication from us.
Choice/Opt-Out: Our site provides users the opportunity to opt-out of receiving communications from us, and our partners by reading the unsubscribe instructions located at the bottom of any e-mail they receive from us at anytime. Users who no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by clicking on the unsubscribe link in the e-mail or e-mail us at: email@example.com. We never want you to receive emails from us if you don’t want them. It will not hurt our feelings if you opt out. We will always take you back if you change our mind.
DMCA: M&Co. respects the intellectual property of others. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this site, you may notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner Identification of the copyrighted work claimed to have been infringed
- Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address
- A statement that the complaining party “in good faith believes that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law”
- A statement that the “information in the notification is accurate”, and “under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”
The above information must be submitted as a written or emailed notification to the following Designated Agent: DMCA Office , Moxie & Co. PO Box 4795, Chico, CA 95927 , firstname.lastname@example.org. Most of the sourced material posted to M&Co.is posted according to the “fair use” doctrine of copyright law for non-commercial news reporting, education and discussion purposes. We comply with all takedown requests. Please send takedown requests to information above.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
FTC Disclosure: This blog may accept forms of cash advertising, sponsorship, paid insertions or other forms of compensation. This blog abides by word of mouth marketing standards. We believe in honesty of relationship, opinion and identity. The compensation received may or may not influence the advertising content, topics or posts made in this blog. That content, advertising space, or post will be clearly identified as paid or sponsored content.
The owner(s) of this blog is not compensated to provide opinion on products, services, websites and various other topics. The views and opinions expressed on this blog are purely the blog owners. If we claim or appear to be experts on a certain topic, or product or service area, we will only endorse products or services that we believe, based on our expertise, are worthy of such endorsement. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer or provider. This blog may or may not contain content that might present a conflict of interest. This blog is a personal blog written by its editors, or by invited writers and edited by the M&Co. editors. For questions about this blog, please contact us.