Terms of Service
The following terms and conditions ("Terms") constitute an agreement between Temple Stewart LLC ("Company"), and you that governs your participation in The Ketogenic Solutions (“Program”). Your participation in our Program constitutes your acceptance of, and agreement to, the following Terms. Company reserves the right to modify, alter, amend or update these Terms and the Program. These Terms are subject to change without notice.
PROGRAM ELIGIBILITY
Company’s Program is open only to those seeking individual support. The Program is not intended to support nutrition professionals, such as Registered Dietitians, or health coaches who are looking to gain experience working with clients or who are interested in Company’s methodologies. If Company becomes aware that a nutrition professional or health coach has joined for this reason, Company will immediately cancel any access to the Program for such individuals. No refunds will be granted in this circumstance.
PURCHASE POLICY
You may purchase enrollment in the Program. As a participant in the Program, you will receive Lifetime Access (as defined below) to Company’s online materials (“Materials”) for the Program, which includes video modules and may include PDF handouts.
Cost: The cost of the Program is $350 USD, which must be paid in full at the time of purchase. Upon receipt of your payment, you will be granted access to the Program.
Refunds: Refunds are not available for the Program.
PROGRAM ACCESS
The Program is intended and suitable for individuals age 18 and over.
To access the Program, you must create an account on the Program’s technological platform (“Program Portal”). You are responsible for ensuring that your login information remains private. If Company suspects that your login credentials have been shared with a third party, Company reserves the right to revoke your access to the Program.
You will have “Lifetime Access” to the Program content, which the Company defines as follows: You will have access to the Program for as long as the Company hosts the Program and it remains available on the Program Portal. In the event that Company determines that the Program will no longer be available, Company shall provide you with notice by email. Upon expiration of the Lifetime Access, Company will also delete the Community.
EMAIL UPDATES
By purchasing the course, you will be subscribed to our mailing list. Through these emails, we provide product updates and other information.
LICENSE FOR USE OF MATERIALS
The Program and Materials were developed solely for your personal use and may not be reproduced for publication for the personal or commercial use of others without permission from Company.
PROGRAM AND MATERIALS - DISCLAIMER
You understand and agree that there is no guarantee that you will see positive results using the techniques and materials provided in the Program or Materials. Company assumes no management responsibility for your decisions or practices that you implement based on the Program or Materials. Company makes no guarantee about your future success based on your participation in the Program or you use of the Materials.
Company disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided in the Program or Materials.
DISCLAIMER REGARDING THE KETOGENIC DIET
Research and clinical experience show that a ketogenic diet is a powerful tool that may help support optimal health in the context of many different conditions that include metabolic dysregulation, inflammation, brain dysfunction, and cancer. While safe for most individuals, a ketogenic diet is not suitable for everyone, and may have some side effects. Benefits and risks should both be weighed when deciding to enact a ketogenic diet.
You may review additional information regarding the ketogenic diet here; however, Company strongly recommends you contact your medical provider to determine if the ketogenic diet is appropriate for you.
The Program and Materials are provided for informational purposes only and Company will not evaluate whether the ketogenic diet is an appropriate choice for you. By purchasing the Program, you are accepting the full risks associated with adopting a ketogenic diet. You agree that Company is not liable for any results, positive or negative, associated with the information in the Program and/or Materials.
PROGRAM CREATOR
The Program and Materials were created by a Registered Dietitian. Although the Program and Materials were created by a nutrition professional, it does not mean that the information has been customized for you individually, nor does it mean that you are in a professional relationship with Company or any individual creator of the Program or Materials. Please contact your medical professional prior to making any changes based upon the Program or Materials.
NUTRITION DISCLAIMER
All nutrition information provided in the Program and Materials is intended to be used for informational purposes only. The Program and Materials are not medical advice, nor are they intended to replace medical advice. The Program and Materials are not intended to diagnose, prescribe, or treat any disease, condition, illness, or injury. Before beginning any diet program, modifying your diet, or making changes to the diet of a child in your care, including following the nutrition information available in the Program or Materials, you should seek advice from a licensed professional, such as your doctor or your dietitian.
Company is not responsible for any liability, loss, or damage, caused or alleged to be caused directly or indirectly as a result of the use, application, or interpretation of the nutrition information available in the Program or Materials.
The Food and Drug Administration has not evaluated the statements contained in any information in the Program and Materials. Individual results may vary.
WAIVER
You understand that any changes to your diet or fitness regimens, including changes to food or use of dietary supplements, carries a risk. If you implement changes based upon any information in the Program or Materials, you are doing this at your risk and you do so with full knowledge and acceptance of such risks.
MEDICATION
Following a ketogenic diet may impact your medications. Prior to making any changes to your diet or medications, please contact your medical provider for more information. For more information, please visit this page.
NO MEDICAL ADVICE
You understand and agree that Company may provide dietary, nutrition, wellness, and general healthy living information in the Program and Materials. If you enroll in the Program, you understand that Company serves as a facilitator and educator only. You understand that Company does not provide:
- Medical assessment or consultation;
- Medical advice or medical treatment;
- Individualized fitness recommendations;
- Medical nutrition therapy or the practice of dietetics;
- Counseling; or,
- Psychotherapy or psychoanalysis.
You understand that you must seek such services from the appropriate licensed provider. You understand that it is your responsibility to discuss all changes to your fitness routine, diet, or potential dietary supplement use with your medical provider prior to making any changes.
YOUR RESPONSIBILITY
The Program and Materials were developed strictly for informational purposes. It is your responsibility to determine if the ketogenic diet is an appropriate choice for you. Please review any changes to your diet with your medical provider.
You understand and agree that you are fully responsible for your use of the information provided in the Program and Materials. Company makes no representations, warranties, or guarantees. You understand that results may vary from person to person. Company assumes no responsibility for errors or omissions that may appear in the Program and Materials.
USE OF THE PROGRAM & MATERAILS
Unless otherwise stated, Company owns the intellectual property and rights to all content and material in the Program and Materials. Subject to the license stated herein, all intellectual property rights are reserved.
You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms.
Unless it is specifically and expressly made available for such purpose, the following uses are not permitted:
- Republication, redistribution, sale, rental, or sub-licensing of content from Program and Materials;
- Reproduction or duplication of any content on the Program or Materials for commercial purposes;
- Modification of any content in the Program or Materials;
COPYRIGHT
Unless otherwise noted, the design, content, and all components of the Program and Materials are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
From time to time, Company will legally utilize copyrights owned by third parties. These copyrights are the respective property of their owners and Company makes no claim of ownership.
TRADEMARKS
Company's trademarks and trade dress may not be used in connection with any product or service that is not Company's, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Company or its owners.
From time to time, the Program and Materials will legally utilize trademarks owned by third parties. These trademarks are the respective property of their owners and Company makes no claim of ownership.
PROGRAM POLICIES
The Programs may contain group elements, such as a private Program forum hosted Facebook or such other platform determined by Company, where content may be contributed or uploaded and you may interact with other Program participants (“Community”). The following types of contributions will not be tolerated and will be deleted:
- harassment directed toward any Company or other Program participants;
- spam;
- hate speech;
- defamatory statements regarding Company or any third party;
- references to illegal acts; or,
- contributions that may violate the legal rights of a third party.
Company’s sole discretion will be used to determine if a member is in violation of these policies. Any member in violation will be deleted promptly and will no longer be able to access the Program forum. No refund will be due to a member who has been removed for a violation of this policy.
Community Questions
You may submit general questions in the Community. Company will respond within 2 to 3 business days. Please note that Company will not provide any individualized advice in the Community. If such advice is requested, Company will refer you to your medical provider.
Community Confidentiality
All information shared in the Community is deemed confidential. You are prohibited from sharing screenshots or other Community information with third parties. If an individual has to be logged into the Community to access the information, then it is deemed confidential.
You will not hold Company liable in the event that information you have shared within the Community becomes public.
TESTIMONIALS
Company reserves the right to take screenshots of content you contribute to the Program forum for use in Company’s marketing. Company will remove all names or identifying photos prior to posting the content. Company will obtain your authorization prior to posting any content that includes your name or identity.
COMMUNICATION
If you send Company an email, register for the Program, or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.
THIRD PARTIES
The Program may contain links to third-party websites that are not governed or controlled by Company. Company assumes no control or liability over the content of any third-party sites. You expressly hold Company harmless from any and all liability related to your use of a third-party website.
Prior to engaging in any events or commercial transactions with any third parties discovered through or linked in the Program, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked in the Program or Materials, you expressly hold Company harmless from any and all liability in any dispute.
NO WARRANTIES
The Program is provided on an "as is" and "as available" basis without any representations or warranties, express or implied. Company makes no representations or warranties in relation to the Program or Materials, or the information and materials provided therein.
Company makes no warranty the Program will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Program. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Program. The Program and Materials are written in English and makes no warranty regarding translation or interpretation of content in any language.
COMPANY HEREBY DISCLAIMS, ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. THE PROGRAM AND MATERIALS, ALONG WITH ANY ANCILLARY SERVICE, ARE BEING PROVIDED “AS IS,” WITHOUT ANY TYPE OF WARRANTY WHATSOEVER. IF YOU ARE A CALIFORNIA RESIDENT, BY ACCEPTING THIS AGREEMENT YOU ARE WAIVING CALIFORNIA CIVIL CODE SECTION 1542 WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HER SETTLEMENT WITH THE DEBTOR.”
LIMITATION OF LIABILITY
COMPANY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNITY
You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys' fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
ARBITRATION
The Terms of Use will be governed and construed in accordance with the laws of the State of Florida. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Pinellas County, Florida. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.
MISCELLANEOUS PROVISIONS
If any provision(s) of the Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.
The Terms may not be assigned by you without Company's prior written consent; however, the Terms may be assigned by Company in its sole discretion.
The Terms are the final, complete, and exclusive agreement of the parties with respect to the Program offered by Company.
All notices with respect to the Terms of Use must be in writing and may be via email to [email protected] for Company and to your email address.
