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TERMS AND CONDITIONS

 Last updated: January 3, 2023

 

Please read these Terms of Use for The Menopause Fat Loss Method online program (the “Terms of Use”) carefully. 

You must agree to these terms before purchasing, enrolling in, accessing or using The Menopause Fat Loss Method (the “Program”), which is owned and operated by EBA50 Services Inc. (“EBA50 Services Inc.”, “we”, “our” or “us”), wherever the Program is hosted, whether on a website operated by EBA50 Services Inc., or on a third-party website such as an online program/course hosting platform, or other similar website or platform. The term “you” refers to any purchaser, user and/or participant of the Program. 

The Terms of Use constitutes a legal contract between EBA50 Services Inc. and you, the undersigned participant. 

By checking off ☑︎ that you agree to the terms & conditions at time of purchase, you are acknowledging that you have read, agree to, and accept all of the terms and conditions contained in the Terms of Use. 

By purchasing or using the Program, you accept and agree to these Terms of Use, and you are required to act in accordance with them, whether or not you have read them. If you do not want to agree to these Terms of Use, you must not purchase or use the Program or any portion thereof. 

These Terms of Use state how you may use the Program, including any and all materials made available to you in the Program. This includes, without limitation, the words, design, layout, look, appearance, graphics, photos, images, information, materials, documents, data, videos and video files and recordings, voice/audio files and recordings including downloadable Mp3 audio files, webinars and recorded webinars, emails, downloadable PDFs, worksheets, workbooks, forms, guides, questionnaires, e-books, handouts and slides, and all other similar materials and all other information and intellectual property accessible on or through the Program and any website or e-mails we may use to distribute or host the Program or any part thereof, as well as the look and feel of all of the foregoing (collectively, the “Program Content”). 

These Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using the Program and Program Content that you are waiving certain legal rights and you are voluntarily agreeing to do so. 

Please review the terms of our Privacy Policy (the “Privacy Policy”) for how your information is stored and shared.

 

1. Information and Education Only; Not Medical Advice 

The Program is for informational and educational purposes only and is not to be perceived as or relied upon in any way as medical advice for any individual. The Program is NOT intended as, and must not be understood as or construed as, medical care or advice, the practice of medicine, the practice of dietetics or medical nutrition therapy, the practice of counseling care including, without limitation, psychiatry, psychology, psychotherapy, or as providing any form of medical diagnosis or treatment. Furthermore, the Program is not intended to and does not diagnose, treat, cure or prevent any disease or medical condition. 

Catherine Droessler of EBA50 Services Inc. is a weight loss coach, and not a licensed or registered dietician or licensed healthcare professional. 

You should not rely on the Program or Program Content as a substitute for professional medical advice, diagnosis, or treatment from a qualified licensed healthcare provider who is familiar with your individual situation. Do not disregard, avoid or delay obtaining medical advice from a licensed medical or healthcare professional because of something you have read, viewed or heard on or in the Program or Program Content. Always seek the advice of your qualified healthcare provider with any questions you have regarding a medical condition or your health and prior to changing or reducing any medications, taking any herbal or dietary supplements, using any treatment for a health problem, or undertaking any significant changes to your health care regimen. 

Because the strategies used in The Menopause Fat Loss Method can be so effective at improving health & wellness it is crucial that you work with your healthcare provider to monitor your medications and reduce them as needed as you go through the Program. This is important because EBA50 Services Inc. and any other individuals associated with the Program are not licensed physicians or healthcare providers and cannot advise you on medications. 

Because we expressly recommend that you seek advice from a licensed medical or healthcare professional who has knowledge of the facts and circumstances of your individual situation and with respect to current medications, the use of this Program is solely at your own risk. EBA50 Services Inc. shall not be held liable or responsible for any errors or omissions in the Program or for any damage you may suffer because of failing to seek competent medical advice and medication monitoring from a licensed medical or healthcare professional.

Information and statements in the Program regarding dietary supplements and products have not been evaluated by the Food and Drug Administration. Any dietary supplements or products which may be mentioned in the Program are not intended to diagnose, treat, cure or prevent any disease. Additionally, it is important that you understand that many dietary and herbal supplements can interact with medications. 


2. Participants 

The Program is intended solely for users who are eighteen (18) years of age or older. Any purchase by, use of, or access to the Program by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms of Use. By accessing or using the Program, you represent and warrant that you are at least 18 years old. EBA50 Services Inc. hereby disclaims all liability for use by individuals under the age of 18. 


3. The Program 

The Program is a 3-month/twelve (12) week program. As a member of the Program, you will receive: 

  • Lifetime Access* to The Menopause Fat Loss Method Hub (*lifetime of the program, for as long as it is a program being offered), which includes video lessons, PDF guides, cheatsheets and handouts. (This includes access to all current and updated Program Content as well as add-ons. Note that some of the original Program Content may be removed or replaced as revisions are made over the life of the Program.) 
  • 3-months/12 weeks* of access to The Menopause Fat Loss Method Clients-Only, private Facebook Group. 
  • 3-months/12 weeks* of access to Group Coaching Calls with Catherine Droessler and/or other Menopause Fat Loss (MFL) Team Members via Zoom (calls are recorded and available (see below) for those who cannot attend live). 
  • 3-months/12 weeks* of access to The MFL FAQ Video Library where all Group Coaching Call replays are available for those who cannot attend live. 

*Participants who enroll in the Program during a special promotion may get access to the Facebook Group, Zoom Calls & MFL FAQ Video Library for 4-Months/16 weeks instead of 3-Months/12 weeks as a bonus. 

The program runs for 3 months/12-weeks starting on the agreed to start date. Prior to your start date you are permitted to move your start date one time only. Moving, switching or changing dates is not permitted once you have joined the Client ONLY FB Group and/or been granted access to the materials. If you purchase the program and during your 3-months/12-week program need to pause the program for family emergencies or health concerns, with a doctor’s note you can pause the program for 12-weeks maximum and finish your remaining weeks upon your return date.

After your Program is over, you will lose access to all Coaching elements of the program including the private Facebook Group and Group Coaching Calls on Zoom, and the MFL FAQ Video Library, unless you sign up for a Alumni Membership Subscription (see Alumni Membership Subscription details below). 


4. Program Fees & Payments, Money Back Guarantee and Refund Policy 

4A. Program Fees and Payment Policies 

You have two payment options to purchase access to the Program. 

  • Option 1: One-Time Pay-in-Full due at time of enrollment. 
  • Option 2: Three-Month Payment Plan. If you choose the 3-month payment plan, the first instalment payment is due at the time of enrollment and your credit card will be automatically charged monthly at 30 day intervals during month 2 and month 3 of the Program. 

We only accept credit card payments. By purchasing the Program, you agree that EBA50 Services Inc. is authorized to share any payment information and instructions required to complete the payment transactions with any third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services) such as Stripe, Square, and others. EBA50 Services Inc. cannot and does not control and has no responsibility or liability for the policies or actions of the payment processing companies. 

If paying via the 3-month payment plan you give EBA50 Services Inc. permission to automatically charge your credit card every 30 days for 3 consecutive months, from the date of your initial registration/purchase for all fees and charges due as payment for the Program without any additional authorization or notification. 

If you sign up for the 3, 6 or 12-month renewable Alumni Membership you give EBA50 Services Inc. permission to automatically charge your credit card every 3, 6 or 12-months from the date of purchase, for all fees and charges due as payment for the Alumni Membership as applicable without any additional authorization or notification. 


Currency Policy:

As an international business, all products, programs & services are priced in US Dollars (USD) to reflect the use of an internationally recognized currency.

As a result, for international purchases, your bank converts the charge based on the exchange rate on the day. Because exchange rates change daily, the amount you pay for each multi-payment plan may vary.

Declined or Failed Payment:

If there is a declined, failed or late payment, you will receive an e-mail with a two-day deadline to make payment.

If there is still no payment after two days, you will receive a second e-mail alerting you that your access to the Program and/or Alumni Membership content has been discontinued until the account is brought up to date, in addition if payment is not received within 2 days, a fixed administration fee of $75USD shall be added to your account for any/all late/failed payments.

At this point, you will not be granted access to any Program Content until payment is received, and we reserve the right to terminate your access to the Program and all Program Content immediately and permanently; this includes access to The Menopause Fat Loss Method Hub, the Private Facebook Group, e-mail communications, Group Coaching Calls, The MFL FAQ Video Library or any other method of communications related to the Program without refund. 

If any Alumni Membership 3, 6 or 12-month renewable payment is declined or late, you will be notified via email and will be immediately removed from access to the Facebook Group and Group Coaching Calls, The MFL FAQ Video Library, The Menopause Fat Loss for Life Membership/Challenge Hub and The Recipe & Meal Plan Hub until payment is made. In addition a fixed administration fee of $75USD shall be added to your account for any/all late/failed payments.

If you fail to make payment within 2-days in accordance with these Terms of Use or voluntarily decide to withdraw from the Program at any time or for any reason whatsoever, you will remain fully responsible for the full cost of the Program and all remaining payments if you are paying in a payment plan of monthly instalments, as well as any late payment fees. We reserve our right to seek payment from you for any delinquent payment that is not provided by or upon the date due by enlisting the help of a collections’ agency, and we may exercise our right to report your delinquent payment to all three credit reporting agencies, either directly or through the help of a collections’ agency. 

You agree to only purchase the Program for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information. And you agree to be financially responsible for any purchases made by you or someone acting on your behalf.
 

Chargeback Threats, Reversal of Payment, Payment Cancellations, and Actual Chargebacks:

Since we have a clear and explicit refund policy in these Terms of Use that you have agreed to prior to completing the purchase of any of our Program, and Program Materials , you agree that any type of chargeback threat, reversal of payment, payment cancellation, actual chargeback or claim from your credit card company, financial institution, or any other payment service will constitute a breach of these Terms of Use on your part.

In the event that a chargeback, reversal of payment, or payment cancellation is initiated by you or we receive a chargeback threat, we reserve the right to report the incident to all three credit reporting agencies, or any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, payment date, payment amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

Sharing Information with Payment Processing Company.

All information obtained during your purchase or transaction for our Program, and Program Materials, and all information that you give us is part of the transaction such as your name, address, method of payment, credit card number, and billing information, may be collected both by us and our payment processing company.

Payment processing companies and merchants may have privacy and data collection practices and policies that are different from ours, we have no responsibility or liability for these independent policies of the payment processing companies and merchants. In addition, when you make certain purchases through our Program, and Program Materials , you may be subject to the additional terms and conditions of the payment processing company, merchant, or us that specifically apply to your purchase. For more information regarding a merchant and any terms and conditions that may apply, visit that merchant’s website or contact the merchant directly.

You release us, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them arising from your purchase or use of our Program, and Program Materials.

Thank You for Referring Friends and Family Outside of Your Household:

We appreciate you respecting our intellectual property and not sharing your Program access or any Program Content with family and friends outside of your household. We will gladly offer you one free month (4-weeks) inside the program (based on your current status inside the program, initial 3-months/12-week program or alumni membership) as a “Thank you” if you refer someone who purchases the Program. In order to be eligible for referral bonus you must email [email protected] with the full name of the person you are referring before you send them the link to join the free FB community. Email [email protected] for more details about the referral bonus guidelines and bonus options.

4B. Money Back Guarantee Policy

Money Back Guarantee Policy:

Your satisfaction with your Program, and Program Materials is important to us. We are 100% confident in The Menopause Fat Loss Method’s ability to deliver results. We have a proven step-by-step roadmap that works as long as you commit to the journey, show up for yourself, follow the step-by-step roadmap & schedule and do the work.

You have 21 days from the date you were granted access to material to decide whether or not The MFL Approach is a good fit AND to submit a refund request according to the requirements outlined below.

All refund requests must be received in writing prior to the 21st day after you have been granted access to program materials, and must be submitted in writing to [email protected] no later 5pm ET on the 21st day of access, and you must include evidence & details as outlined below to demonstrate that you have completed all lessons, all actions and all homework, followed the meal plans/recipes as outlined in the program in each of the following lessons to be eligible for a refund:

  • Provide your login credentials so the support team can confirm you have completed all lessons/modules.
  • Provide evidence that all lessons, actions, homework activities are completed and submitted per your MFL Roadmap/Schedule
  • Provide evidence that you have completed the lessons, responded to lesson questions, completed & submitted all homework, and completed all action & steps outlined in each lesson (in other words, you did all the work required to achieve results) for the following modules:
    • Welcome to MFLM
    • Stage 1: Get Ready for Change
      • Overview Stage 1
      • Step 1: Quick Start & Pre-Work
      • Step 2: Jumpstart Week 1
  • Show evidence that you followed the Quick Start Guide including recipes during the orientation weeks.
  • Show evidence that you followed the Week 1 Jumpstart Meal Plans exactly as outlined - reaching out for support inside the Client Only FB Community to seek advice on acceptable substitutions, swaps to accommodate likes/dislikes and/or other personalizations required to incorporate into your lifestyle.
  • Share proof of purchase that you purchased the ingredients for the Quick Start Recipes, and Jumpstart Week 1 Meal Plans.
  • Participated in the Client Only Facebook community, submit welcome post, asking questions, seeking clarification, respond to accountability post, Weekly Recipe Picture, Weekly Success Posts, Submit Weekly Progress Tracker.
  • Completed & submitted your Weekly Progress Tracker every Sunday per the program direction.
  • Attended & participate in the Weekly Group Coaching Calls via Zoom during the 21 day period.
  • Provide details regarding the reason you are requesting a refund.

All refund requests must be submitted in writing to [email protected] prior to Day 21 5pm ET (21 days after you have been granted access to material), and all evidence as outlined above must be included, demonstrating that you have completed all lessons, all step-by-step guidance, followed the pre-balanced meal plans, and essentially done everything we have outlined that is required to achieve results.

After reviewing all submitted details & evidence that you have done all the MFL steps, if the Company deems you are eligible, your refund will be processed promptly, though payment processors and banks/card issuers may take as long as 14 days to reflect the refunded balance in customer accounts. The Company ensures quick refund processing but cannot ensure quick deposits from processors and banks back to customer accounts.

Refund requests submitted after Day 21 5pm, will not be considered. After Day 21 5:01pm ET, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless of whether or not you continue to participate or utilize the program.

If a refund is granted for an international purchase, the amount you receive in your local currency may be different from the amount you paid (in USD) due to exchange rate fluctuations. Your bank converts the refund based on the exchange rate on the day the refund is issued. Because exchange rates change daily, the refund amount may not match the amount you originally paid in your currency.

If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under these Terms of Use or any other agreement. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, meal plans, recipes, membership areas, social media groups limited to paying members, and other resources.

Any customer may redeem a money-back guarantee from the Company only once regardless of how many products and/or services the customer purchases. In other words, after a customer has received a refund for any one product under this money-back guarantee, that customer shall not be entitled to a refund as to any other product or service purchased from the Company.

4C. Refund Policy

Refund Policy:

In all other cases, because of the extensive time, effort, preparation, and care that goes into creating and/or providing our Program, and Program Materials , we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Program, and Program Materials , and no refunds will be provided to you at any time. By using and/or purchasing any of our Program, and Program Materials , you understand and agree that all sales are final upon registering for the Program, and that our fee is fully payable at that time (whether choosing full payment or multiple payments), and no refunds will be provided at any time and no exceptions will be made.

Technology Issues:

You are responsible for ensuring you have all of the necessary technology to run these online programs. Refunds will not be offered based on your technical issues. We will not be liable for any technical issues beyond the steady serving of our own website.


5. Alumni Membership Subscription 


Alumni Membership Option for Continued & Ongoing Access: 

After completion of the initial 3-month/12-week Program, you may pay a renewable subscription fee to continue to receive full coaching & support services by attending the Group Coaching Calls, have continued access to the private Client-Only Facebook Group, the MFL FAQ Video Library PLUS you will gain access to The Menopause Fat Loss for Life Coaching Membership & Recipe & Meal Plan Library used during Stages 4 & 5. 

Each subscription renewable payment gives you access to the components outlined below for an additional and renewable period of 3-months, 6-months or 12-months. If you select this option, your credit card will be charged automatically every 3, 6 or 12-months from the date of purchase based on the renewal membership you choose until you notify us that you would like to cancel your subscription by emailing [email protected]. 

The Alumni Membership provides ongoing access for the duration of your membership inside the program. As an Alumni Member of the Program, you will receive:

  • CONTINUATION Stage 1 to 3 Alumni Membership includes:
    • 3, 6 or 12 months* of access toThe Menopause Fat Loss Method Clients-Only, private Facebook Group. 
    • 3, 6 or 12 months* of access to Group Coaching Calls with Catherine Droessler and/or other Menopause Fat Loss (MFL) Team Member via Zoom (calls are recorded and available (see below) for those who cannot attend live). 
    • 3, 6 or 12 months* of access to The MFL FAQ Video Library where all Group Coaching Call replays are available for those who cannot attend live. 
  • FULL Stage 4 & 5 Alumni Membership includes:
    • Includes everything in the CONTINUATION Alumni Membership outlined above
    • PLUS 3, 6 or 12 months* of access to two (2) additional Hubs including The Menopause Fat Loss for Life Membership/Challenge Hub and The Recipe & Meal Plan Hub used in Stages 4 & 5 where we run monthly healthy habit challenges and monthly meal planning challenges. 

Subscriptions may only be terminated at the end of each renewable billing cycle (at end of 3-month, 6-month or 12-month based on your subscription), and you must give us at least ten (10) days’ advance notice prior to your next renewable payment date to cancel your renewable subscription. No cancellations will be effective during the 3, 6 or 12-month period and no refunds or pro-rated refunds of Alumni Membership subscription payments will be provided (in other words, you cannot terminate mid-cycle). 

To cancel your membership, please email [email protected] at least 10 days before your next renewable billing cycle. Failure to give proper notice may result in an additional charge for your 3, 6 or 12-month alumni membership, during which time your membership will remain active until the next renewable billing cycle. 

Upon cancellation, you will lose all access to The MFL Method Client Facebook Group, Group Coaching Calls, The MFL FAQ Video Library and The Menopause Fat Loss for Life Membership/Challenge Hub and The Recipe & Meal Plan Hub. You will retain lifetime access (life of the program) to The Menopause Fat Loss Method Program Hub.


6. Intellectual Property Rights

6A. Ownership of Program Content and EBA50 Services Inc.’ Limited License to You 

The Program, including without limitation, the words, design, layout, look, appearance, graphics, photos, images, information, materials, documents, data, videos and video files and recordings, voice/audio files and recordings including downloadable Mp3 audio files, webinars and recorded webinars, emails, downloadable PDFs, worksheets, workbooks, forms, guides, questionnaires, e-books, handouts and slides, and all other similar materials and all other information and intellectual property accessible on or through the Program and any website or e-mails we may use to distribute or host the Program or any part thereof, as well as the look and feel of all of the foregoing (collectively, the “Program Content”; previously defined and stated here again for further clarity and avoidance of doubt) are the property of and solely owned by EBA50 Services Inc. or our affiliates, licensors, successors-in-interest, assignees, or suppliers unless otherwise noted, and are protected by copyright, trademark and other laws that protect intellectual property and proprietary rights. 

You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained on or in the Program Content as well as these Terms of Use. 

When you purchase the Program or view or access any Program Content, EBA50 Services Inc. is granting you a limited, revocable, non-transferable, non-exclusive license to access and use the Program and Program Content for your own personal, non-commercial use ONLY. This license is limited to you only for your personal use, and NOT for your business or commercial use or in any way that earns you money. 

You are encouraged to have your live-in partner/spouse join the Program with you at no extra fee, but you are NOT permitted to share any Program Content with your friends, family, colleagues, or any other person outside of your household. If they would like access to the Program, they must purchase their own license to the Program separately. 

This means that when you purchase the Program, you may watch, listen to, download and/or print Program Content for your own personal use, but you are NOT permitted to copy, duplicate, reprint, republish, reproduce, share, sell/re-sell, display, disclose, or redistribute any part of the Program or Program Content with or to friends, family members, colleagues, or any other third party, or use any Program Content for commercial purposes or in any way that earns you money. For avoidance of doubt, this means you may NOT adapt or represent any part of the Program in any way as if it is yours or created by you and you may not reprint or republish any part of the Program

and Program Content for publication or compilation into your own products, programs or services for business or commercial use or in any way that earns you or a third-party money. 

Furthermore, you may not hypertext, frame or inline link to any part of the Program or Program Content, nor may you state or imply any sponsorship, endorsement by, or ownership of the Program or Program Content without the express written permission of EBA50 Services Inc.. 

You understand that purchasing, downloading, printing, or otherwise using the Program and Program Content in no way gives you any copyright, trademark, intellectual property or ownership rights in the Program or Program Content. It is still the property of EBA50 Services Inc.. 

Any trademarks and logos displayed on the Programs and Program Content are trademarks belonging to EBA50 Services Inc. unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without the express written permission of EBA50 Services Inc.. 

All rights not expressly granted in these Terms of Use or any express written license, are reserved by EBA50 Services Inc.. 

6B. Request for Permission to Use the Program Content 

If you wish to use any portion of the Program Content, or any other intellectual property or property belonging to EBA50 Services Inc., and of our affiliates in any way that is prohibited by or not expressly permitted by these Terms of Use, you must request permission in writing from EBA50 Services Inc. BEFORE you use such Program Content by sending an e-mail to [email protected] . 

If you do receive the express written permission of EBA50 Services Inc., you are only granted permission to use the applicable portion of the Program Content as explicitly granted in such writing. In other words, you agree to use only the specific Program Content that EBA50 Services Inc. allows and only in the ways for which EBA50 Services Inc. has given you written permission. If you use the Program Content in ways that EBA50 Services Inc. does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Program Content from EBA50 Services Inc., and you consent to immediately stop using such Program Content and to take whatever actions as EBA50 Services Inc. may request and by the methods and in the time frame that EBA50 Services Inc. prescribes to protect its intellectual property and ownership rights in the Program and

the Program Content, and you will be subject to penalties for Unauthorized Use and Infringement of Program Content as set forth in these Terms of Use. 

6C. Unauthorized Use and Infringement of Program Content 

You understand and agree that your use of the Program Content other than as expressly authorized in these Terms of Use or by a separate written consent or assignment of EBA50 Services Inc., is not permitted and is considered unauthorized use, infringement and theft (“Unauthorized Use and Infringement”) and may give rise to a civil claim for damages and/or be a criminal offense, and EBA50 Services Inc. reserves the right to prosecute for theft and to enforce EBA50 Services Inc.’ rights to the full extent of the law. 

In the event of your Unauthorized Use and Infringement, you agree to pay liquidated damages of the greater of five (5) times the total fees paid for the Program or $10,000.00, in addition to any legal or equitable remedies EBA50 Services Inc. may be entitled to pursue. This is not a penalty but an agreed upon liquidated damages charge for Unauthorized Use and Infringement. 

You agree that any violation or threatened violation of by you of the Intellectual Property Rights terms in these Terms of Use would cause irreparable injury to EBA50 Services Inc. that may not be adequately compensated by damages, entitling EBA50 Services Inc. to obtain injunctive relief, without bond, in addition to all legal remedies. 


7. Materials Provided By You – Your License to EBA50 Services Inc.; Use in Testimonials and Marketing. 

When you voluntarily share any information in a live group session, and when you voluntarily submit, post or upload any material such as any comments, posts, photos, videos or other uploads or materials or other contributions (each “your Submission” or collectively “your Submissions”), on or through the Program, including the Facebook Group, you are representing that you are the owner of all such materials and you are at least 18 years old. By submitting, posting or uploading your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit your Submission. 

When you voluntarily share any information in a live online class or session, and when you voluntarily submit, post or upload your Submission, you are granting EBA50 Services Inc. and anyone authorized by EBA50 Services Inc., permission and an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display the information you share and/or your Submission, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, including, without limitation, for EBA50 Services Inc.’ marketing, advertising or promotional efforts, and you are granting EBA50 Services Inc. the right to make it part of current or future courses, programs or offers created, offered and sold by EBA50 Services Inc.. This right includes granting EBA50 Services Inc. use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by EBA50 Services Inc. to you. 

You also grant EBA50 Services Inc., and anyone authorized by EBA50 Services Inc., the right to use your likeness and with respect to any Submissions, to also identify you as the author and/or individual depicted in any of your Submissions by name, email address, or screen name, for any purposes, including commercial purposes, marketing, and advertising. You acknowledge that EBA50 Services Inc. has the right but not the obligation to use and display any of your Submissions of any kind, and that EBA50 Services Inc. may elect to cease the use of any of your Submissions in the Program and Program Content at any time for any reason whatsoever. 

Media Release. By participating in the Program, including the Facebook Group and Group Coaching Calls, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your image, your voice and/or your likeness. In EBA50 Services Inc.’ sole discretion, EBA50 Services Inc. reserves the right to use these photographs, videos, and or/audio recordings and/or any other materials created by EBA50 Services Inc. in connection with your participation in the Program, without compensation to you at any time, now or at any time in the future including, without limitation, for EBA50 Services Inc.’ marketing, advertising or promotional efforts. 

In other words, this means you give EBA50 Services Inc. permission to use anything you submit or post in the Program, including in the Facebook Group, or anything captured by EBA50 Services Inc. during your participation in the Program, including images of you and images of you in which your face is visible and recognizable, in any manner or medium and for any purpose. EBA50 Services Inc. may use Facebook Group posts and/or recordings from Group Coaching Calls that include your name and/or image for testimonials/success stories.

All Group Coaching Calls will be recorded so that participants who cannot attend live can watch the recording at a later time. 

PLEASE DO NOT SHOW YOUR FACE OR IMAGE IF YOU DO NOT WANT TO BE SEEN OR DO NOT WANT YOUR FACE/IMAGE RECORDED OR SHARED. DO NOT SHARE ANY INFORMATION YOU DO NOT WANT RECORDED OR RE-DISTRIBUTED TO OTHERS. 


8. Your Conduct in the Program and FacebookGroup

8A. Confidentiality of other Program Participants. 

EBA50 Services Inc. strives to create a safe space for all participants in the Program. Please respect the privacy of other participants. Because participants may share their personal information, you agree to keep all information you learn about other Program participants, including in coaching calls and the Facebook Group, strictly confidential and not to share them outside of the Program. 


8B. Your Conduct in and Use of the Facebook Group 

We strive to create a safe space for all participants in our Program. Any comments, whether in a Group Coaching Call or on the Program Facebook Group page, must be respectful. You may not communicate or submit any content or material that is harassing in nature, rude, racist, abusive, vulgar, threatening, knowingly false, defamatory, or obscene or otherwise in violation of any law or the rights of others. Bullying or other comments that makes other users of the Program feel poorly will not be tolerated. You are not permitted to use the Facebook Group to solicit or collect data from other group members (including their names and contact information). You may not directly contact other group members without their express permission. You agree to follow any rules disseminated by EBA50 Services Inc. for the Facebook Group. 

EBA50 Services Inc. reserves the right, in her sole discretion, to edit, modify, delete, refuse to post or otherwise remove, in whole or part, any of your Submissions on the private Facebook Group, or on any website operated by EBA50 Services Inc. and any third-party forums hosting the Program Content as well as to terminate your access to the Program and/or the Facebook Group. Please note, however, that EBA50 Services Inc. does not have any obligation to monitor the Facebook Group or any posts, comments, or material submitted by participants.

The views of any users or participants of the Program, including on the private Facebook Group, do not necessarily reflect those of EBA50 Services Inc. and may not be factually correct. 

EBA50 Services Inc. is not responsible for and specifically disclaims any and all liability arising from or relating to your use of any information posted in the Facebook Group by other participants, employees, contractors, agents and affiliates. EBA50 Services Inc. also reserves the right to delete any comments in the Facebook Group. 


9. Confidentiality and Privacy Policy 

Please review the Privacy Policy for how all of your information is handled as well as your rights around such information. 

The Program comes with access to the private Facebook Group. Please choose carefully the information you voluntarily share for viewing by others in the Program, including any online live classes and sessions, the Facebook Group, any website or social media sites, or in any third-party forums, as anything you share also can be seen, collected and used by others, and become public. Any personal information you voluntarily share as part of your participation in the Program, whether in the Facebook Group or in any Group Coaching Calls, or any other method of communications related to the Program and Program Content, is done at your own risk. EBA50 Services Inc. cannot guarantee your privacy for what you voluntarily share, and EBA50 Services Inc. is not responsible for any unauthorized use by others of such information that you voluntarily share. 

When you apply for, enroll in, purchase or the Program, EBA50 Services Inc. may seek and collect personal data and information including but not limited to your name, e-mail address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally-identifying information (“Confidential Information”). By providing such Confidential Information to EBA50 Services Inc., you grant EBA50 Services Inc. permission to use and store such information. In turn, EBA50 Services Inc. will use best efforts to keep your Confidential Information safe, secure and confidential in accordance with these Terms of Use and the Privacy Policy. 

However, due to the nature of the Internet, no data transmission over the Internet can be guaranteed to be completely secure. As a result, EBA50 Services Inc. cannot ensure or warrant the security of your Confidential Information or of any other data or information you transmit via the Internet. By transmitting any Confidential

Information, data or other information to EBA50 Services Inc., you accept that and acknowledge that you do so at your own risk. EBA50 Services Inc. has security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but EBA50 Services Inc. makes no assurances about the ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration. 

All Confidential Information will be held in confidentiality and will not be disclosed to third parties, except that EBA50 Services Inc. may disclose Confidential Information and personally identifiable information: (1) pursuant to these Terms of Use and the Privacy Policy, (2) if required to do so by law, (3) in the good-faith belief that such action is necessary to conform to the law, (4) to comply with any legal process served on either EBA50 Services Inc. or its partners, sponsors, investors, or affiliates, (5) to protect and defend its rights or property or those of other users or purchasers of the Program, (6) to enforce these Terms of Use, and/or (7) to act as immediately necessary in order to protect the personal safety of other users, purchasers, or the public. 


10. Accessing the Program; Username and Password 

During the registration process for the Program, you agree to provide true, accurate, current and complete information about yourself. To access the Program and/or certain features of the Program, including any private membership areas, you will need a username and password. You agree to keep your username and password to access the Program confidential. You are responsible for maintaining the confidentiality of your username, password and Program account and are responsible for all activities (whether by you or by others) that occur under your username, password or Program account. You are not permitted to share your username and/or password or access to your Program account with anyone at any time. 

If EBA50 Services Inc. has reasonable grounds to suspect that you have provided false information including a false e-mail address, shared your username and/or password with anyone else, provided anyone else access to your account or forwarded any non-public material from the Program to any other person, EBA50 Services Inc. reserves the right to immediately suspend or terminate your account and your access to the Program including, without limitation, the Membership site, the Facebook Group, or any other related communications, and to refuse any and all current or future use of the Program or any Program Content, in whole or in part, without refund. 


11. Errors and Omissions Disclaimer

We have done our best to ensure that the Program and Program Content are accurate and provide valuable information, but because the nature of health information is constantly evolving, EBA50 Services Inc. cannot guarantee the accuracy of such information. You acknowledge that the Program and Program Content may contain inaccuracies or errors and neither EBA50 Services Inc. nor any of her employees, contractors, agents, affiliates, successors-in-interest, transferees, participants or assigns shall be held liable or responsible for any errors, omissions or inaccuracies on or in the Program or Program Content or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation. We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in the Program and Program Content for any person. 


12. Personal Responsibility and Assumption of Risk 

It is your responsibility to consult with your physician as to the appropriateness of the Program for you. 

By accessing the Program or any Program Content in any way, you accept and agree that you are solely responsible for your actions, decisions and results and take full responsibility for any harm or damage you suffer as a result of your use, misuse or non-use, of the information available on or in the Program and/or Program Content. You agree to use your own judgment and conduct your own due diligence before taking any actions or implementing anything suggested or recommended on or in the Program or Program Content and you agree that you do so at your own risk. 

EBA50 Services Inc. is not responsible for any damage you may suffer as a result of failing to seek competent advice from a licensed healthcare professional who is familiar with your situation. 


13. No Guarantees of Results 

You acknowledge that no results of use or participation in the Program are guaranteed and that EBA50 Services Inc. has not made any guarantees about the results of participating in or taking any action, whether recommended on or in the Program and Program Content or not. Your participation in the Program does not guarantee any success or otherwise. The Program and Program Content are for educational and informational purposes and are intended to solely to provide users of Program with education and tools about their health and wellness, and how to develop a course of action to work with their doctor(s) and other health care providers to improve their healthy. You recognize that any health or other outcome is the result of your own efforts, your particular situation and health history, and innumerable other circumstances beyond the control and/or knowledge of EBA50 Services Inc. 

You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others, whether clients of EBA50 Services Inc., users or participants of the Program or otherwise, are no guarantee that you or any other person or entity will obtain similar results. 


14. No Warranties 

EBA50 Services Inc. MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THE PROGRAM AND PROGRAM CONTENT. FURTHERMORE, EBA50 Services Inc. MAKES NO WARRANTIES THAT THE PROGRAM, PROGRAM CONTENT, OR ANY OF THEIR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE PROGRAM, PROGRAM CONTENT, OR ANY OF THEIR FUNCTIONS, INCLUDING COMMUNITY FORUMS, BULLETIN BOARDS, MEMBERSHIP PAGES OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

EBA50 Services Inc. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, TIMELINESS, SUITABILITY AND APPROPRIATENESS FOR ANY PURPOSE OF THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND PROGRAM CONTENT. ALL INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND PROGRAM CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EBA50 Services Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO ALL INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND PROGRAM CONTENT. 

EBA50 Services Inc. FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE PROGRAM AND PROGRAM CONTENT.


15. Technology Disclaimer 

While we hope the Program and Facebook Group is uninterrupted, EBA50 Services Inc. cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for software issues or updates. EBA50 Services Inc. is not liable to you for damages or refunds, or any other recourse, should any of the Program or Program Content become unavailable or access to them becomes slow or incomplete due to any reasons, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make the Program or Facebook Group inaccessible to you. 


16. Links and References to Third-Party Websites, Services and Products 

The Program and Program Content may provide links and/or references to other websites, services and products maintained by third parties that may take you outside of the Program such as the Fullscript supplement dispensary (collectively, “Third-Party Sites”). EBA50 Services Inc. may receive a commission if you make a purchase from or through a link provided in the Program or Program Content to a Third-Party Site; however, the Third-Party Sites are not under the control of EBA50 Services Inc., and EBA50 Services Inc. is not responsible or liable for any content on or actions of any Third-Party Sites. The inclusion of any links or references to Third-Party Sites in the Program Content are provided for your convenience only and does not imply EBA50 Services Inc.’ endorsement, sponsorship, or approval of the actions, views, opinions, facts, advice or statements in such Third-Party Sites or of their owners or any association with their operators. Because EBA50 Services Inc. has no control over the contents or functionality of Third-Party Sites, EBA50 Services Inc. is not responsible for the actions, views, opinions, facts, advice, or statements of Third-Party Sites, their accuracy or reliability, or for errors or omissions caused by Third-Party Sites or for any loss, damage, or otherwise that may arise from your use of them. It is your responsibility to perform your own due diligence before buying goods or services from any Third-Party Sites and to review the terms and conditions and privacy policies of Third-Party Sites to confirm that you understand and agree with those policies. 


17. Limitation of Liability and Release of Claims

YOU AGREE TO ABSOLVE EBA50 Services Inc. AND HER EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, SUCCESSORS-IN-INTEREST, TRANSFEREES, CLIENTS AND ASSIGNEES (COLLECTIVELY THE “RELEASEES”) OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED IN THE PROGRAM AND PROGRAM CONTENT. YOU AGREE THAT THE RELEASEES SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THE PROGRAM AND PROGRAM CONTENT. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE RELEASEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE DELAY OR INABILITY TO USE, THE PROGRAM AND PROGRAM CONTENT, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE PROGRAM AND PROGRAM CONTENT IN ANY WAY, OR WITH THE PERFORMANCE OF THE PROGRAM AND PROGRAM CONTENT, OR WITH THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE PROGRAM AND PROGRAM CONTENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EBA50 Services Inc. OR ANY RELEASEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME PROVINCES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH PROVINCES, THE LIABILITY OF EBA50 Services Inc. AND THE RELEASEES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH PROVINCIAL LAW. 

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE RELEASEES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR PARTICIPANT OF THE PROGRAM. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PROGRAM AND PROGRAM CONTENT, OR WITH ANY OF THE TERMS OF USE, OR THE PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PROGRAM AND PROGRAM CONTENT.

BY PURCHASING OR USING OR THE PROGRAM AND PROGRAM CONTENT, YOU AGREE TO THIS LIMITATION OF LIABILITY AND RELEASE THE RELEASEES FROM ANY AND ALL CLAIMS. 


18. Termination 

EBA50 Services Inc. reserves the right in its sole discretion to refuse or terminate your access to the Program and Program Content, in full or in part, at any time without notice, including but not limited to, any Communications Services, any private forum, e-mail communications, the Facebook Group, Group Coaching Calls, or any other method of communications related to the Program and Program Content. In such case, you will be sent an e-mail to the e-mail address you provided upon purchase of the Program alerting you of this. In the event of cancellation or termination, you are no longer authorized to access the part of the Program or Program Content affected by such cancellation or termination. 

All of the terms of these Terms of Use, including but not limited to, all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and the Limited Refund Policy will still apply now and in the future, even after termination by you or EBA50 Services Inc.. 


19. Governing Law and Dispute Resolution 

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario regardless of the conflict of laws principles. 

It is hoped that you will have no dispute with EBA50 Services Inc.. However, should a dispute arise between you and EBA50 Services Inc., we would like to be able to work it out amicably through e-mail correspondence. Therefore, it is requested that you contact EBA50 Services Inc. via e-mail in attempt to resolve any dispute prior to seeking legal action and include your reasons for dissatisfaction. 

However, should we be unable to resolve any potential dispute within a reasonable time, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your payment ** made to purchase the Program as of the date of such dispute. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction. 

You also agree that should arbitration take place, it will be held in Ottawa in the Province of Ontario, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator. 

By purchasing the Program, you are agreeing to a modification of the statute of limitations such that any arbitration must be begun within one (1) year of the date of your e-mail to EBA50 Services Inc. referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action related to the Program or these Terms of Use. 

** If through arbitration a refund is granted for an international purchase, the amount you receive may be different from the amount you paid due to exchange rate fluctuations. Your bank converts the refund based on the exchange rate on the day the refund is issued. Because exchange rates change daily, the refund amount may not match the amount you originally paid in your currency.


20. Users Outside Canada 

EBA50 Services Inc. controls and operates the Program from offices in the Canada. EBA50 Services Inc. does not represent that the materials in the Program are appropriate or available for use in other locations. People who choose to access the Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. 


21. Severability 

You expressly agree that the terms of these Terms of Use are intended to be as broad and inclusive as permitted by the law of the Province of Ontario, and that if any portion of these Terms of Use is held invalid, void or unenforceable for any reason, then that portion shall be deemed severed from these Terms of Use and it shall not affect the validity or enforceability of the remainder of the Terms of Use, which shall be given full legal force and effect. 


22. Changes to Terms of Use 

EBA50 Services Inc. may change, modify or update these Terms of Use at any time. Any access or use of the Program or Program Content by you after EBA50 Services Inc. publicly posts or distributes such changes shall constitute consent of such modifications.

Contact, Questions and Email Support: 

All questions, concerns or inquiries related to The Menopause Fat Loss Method should be posted in the The Menopause Fat Loss Method Client Facebook Group, where you can expect a response from EBA50 Services Inc. within one business day. 

Billing and membership status inquiries can be emailed to [email protected], where you can expect a response within 2 business days. Due to the nature of this being a group program, EBA50 Services Inc. is unable to provide 1:1 support via email at this time.

Hours of Operation: 

Hours of operation are subject to change. Business may be closed for major holidays or otherwise at EBA50 Services Inc.’s discretion. Normal business hours are as follows: 

  • Monday through Friday: 10am-2pm EST 
  • Saturday & Sunday: Closed 

 

By signing below or checking that you agree to the terms at time of purchase, you are acknowledging that you have fully read, agree to, and accept all of the terms and conditions contained in this Terms of Use. 

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