By checking the Terms and Conditions box you are confirming that you agree to, and understand that, Medical Nutrition Therapy (or any other type of individual therapy or medical diagnosis) is not being provided on any Benedictine CARE Wellness Program platform (including but not limited to online forums, blog, Zoom meetings, Zoom workshops, or other groups), Perfectly Produce site page or product, Perfectly Produce social media channels, by any Perfectly Produce employee online posts, or by any other individual member/customer (collectively referred to as the ‘Site’).
All Perfectly Produce Nutrition Services and CARE program members/customers (CARE Weight Loss and Lifestyle Program, MNT CARE, Benedictine CARE Wellness Program, Individual Consultations, all collective services) assume all liability when implementing the education provided through Perfectly Produce programs and products and assume all responsibility in confirming with their medical doctors that there are no interactions with prescriptions, current medical conditions, or medical history.
You should not disregard the professional medical advice you are given from your physician or delay seeking medical attention because of the content you have read or received from the Site, or other communications you receive from us. We do not endorse any specific tests, physicians, products, procedures, opinions or other information that may be mentioned by other members/customers on the Site.
Refund Policy
Recurring membership fees can be canceled at any time. Refunds are not provided for partial month fees incurred regardless of participation level or use of resources, however, fees will discontinue being charged immediately when services are terminated or suspended. One-click cancel if available through the “My Account” link in the member navigation menu or by emailing [email protected] with your request.
Full Agreement Details
This Terms and Conditions Agreement (this “Agreement”) sets forth the terms and conditions governing your use of this Site and your access to and use of the webpage, sub-pages, URLs, links, trademarks, tradenames, trade dress, slogans, logos, copyrights, information, other content, wireless services, portals, email functionalities, operating systems, and electronic communications or data management systems and services offered on or through this Site (which, collectively with the Perfectly Produce site, constitute the “Services”).” By accessing or using the Site or any of the Services, you accept and agree to be legally bound by this Agreement, as it may be amended or supplemented from time-to-time by us (as further described below), and agree to all of our operating policies—All these policies are incorporated into this Agreement by this reference. DO NOT check the terms and conditions box if you do not agree to these full Terms and Conditions.
Online Privacy Policy
Your privacy is important to you… and to us. We’ll protect the information you share with us. To protect your privacy, Isabelle Inc. DBA Perfectly Produce follows principles in accordance with worldwide practices for customer privacy and data protection.
- We won’t sell or give away your name, mail address, phone number, email address, credit card number or any other information to anyone.
- We’ll use site security measures to protect your information from unauthorized use SSL encryption to protect all online financial information.
We will ask you when we need information that personally identifies you (personal information) or allows us to contact you. Generally, this information is requested when you create a Registration ID on the site or when you download free software, enter a contest, order email newsletters or join a limited-access premium site. We use your Personal Information for four primary purposes:
- To make the site easier for you to use by not having to enter information more than once
- To help you quickly find software, services or information
- To help us create content most relevant to you
- To alert you to product upgrades, special offers, updated information, and other new services from Perfectly Produce
Acceptable Use of the Services
In order to use this Site or the Services, you must have access to the World Wide Web directly or through devices that access content and pay any and all service fees, if any, associated with such access: we are not responsible for such fees or costs. Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use of this Website and the material provided hereon, for your personal, non-commercial use, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as a registered user of, or subscriber to, this Website. You understand that only you may use your user account and password and that your subscription is only valid for your personal, noncommercial use and may not be shared with others. You shall not duplicate, download, publish, modify or otherwise distribute any material on this Site for any purpose other than for your own individual use unless otherwise specifically authorized by us.
The compilation of all content on the Site is our exclusive property and is protected by U.S. and international copyright laws. All software used on the Site is our property, or our licensors, and protected by U.S. and international copyright laws. Except to the minimum extent otherwise expressly permitted under copyright law, no copying or exploitation of material from the Services is permitted without the express written permission of us and any other applicable copyright owner.
You may not copy, reproduce, republish, upload, post, transmit, sell, distribute, transfer or modify any of the content, data, information or materials from the for-pay CARE Program or other courses created by Perfectly Produce. However, you may download, display and print one (1) copy of the for-pay program content on a single computer for your personal non-commercial use. Content from public Perfectly Produce website pages including non-gated site content and blog posts are excluded and are encouraged to be shared without consequence.
Account Password and User ID
If the Services require that you become a registered user of the Services or to access the Site, you must establish one a password and account in the manner we designate. Maintaining the confidentiality and security of your passwords and accounts is solely your responsibility. Accordingly, you must maintain the security and confidentiality of your accounts. Do not divulge your password or account information to any third party. You are entirely responsible for all activities that occur on or through your account(s), and you agree to notify us immediately about any unauthorized use of accounts or any breach of security. You agree that we and our affiliates are not and will not be responsible for any losses incurred in connection with any misuse of or failure to secure passwords, nor do or will they have any responsibility whatsoever for your failure to comply with this Section.
Consent
If you choose not to register or provide personal information, you can still use public (non-registered) pages of our website. But you will not be able to access areas that require registration. If you do not want us to communicate with you about other offers regarding Perfectly Produce products, programs, events, or services by email, postal mail, or telephone, you can opt-out at any time by clicking the ‘unsubscribe’ link provided in each communication.
Security
Perfectly Produce has taken strong measures to protect the security of your personal information and to ensure that your choices for its intended use are honored. We take strong precautions to protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. We guarantee your e-commerce transactions to be 100% safe and secure. When you access the Site, place orders, and access your personal account information, you’re utilizing a secure server software SSL, which encrypts your personal information before it’s sent over the Internet. SSL is one of the safest encryption technologies available.
What We do with the Information You Share
When you join us, you provide us with your contact information, including your name and email address. We use this information to send you program materials, updates about your order, questionnaires to measure your satisfaction with our service, and announcements about new services that we offer. When you order from us, we ask for your credit card number and billing address. We use this information only to bill you for the product(s) you order at that time. For your convenience, billing information is saved under your account profile but all data and payment information is encrypted. We occasionally hire other companies to provide limited services on our behalf. We will only provide those companies the information they need to deliver the service, and they are prohibited from using that information for any other purpose. Isabelle Inc. DBA Perfectly Produce will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to (a) conform to the edicts of the law or comply with legal process served on Isabelle Inc. DBA Perfectly Produce or the site; (b) protect and defend the rights or property of Isabelle Inc. DBA Perfectly Produce and it’s family of Websites, and, (c) act in urgent circumstances to protect the personal safety of users of Isabelle Inc. DBA Perfectly Produce, its Websites, or the public.
You are Responsible for All of Your Activities and All of the Content You Post
You represent and warrant that any information you post or provide to us by means of the Site, including, without limitation, as part of any registration or application or to gain access to any Services, is truthful, accurate, not misleading and offered in good faith. Any information disclosed to you via the Services including, without limitation, any content in the personalized areas of the Site, may be used only for its intended purpose. We expect that you will exercise caution, good sense and proper judgment in using the Services.
You agree not to use the Services for or in connection with any of the following activities:
a. Spoofing or otherwise impersonating any person or entity, including, without limitation, any other users or any of our personnel, or falsely stating or otherwise misrepresenting your identity or affiliation in any way, or forging any TCP/IP packet header or any part of the header information in any email or other posting;
b. Any fraudulent or illegal purpose;
c. Emailing, uploading, or otherwise transmitting or using the Services in furtherance of the use or distribution of any unlawful, harmful, harassing, defamatory, tortious, libelous, abusive, threatening, vulgar, sexually explicit, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind, or any material that is invasive of another’s privacy or exploits children, or transmitting any sexually explicit materials, including images and other content;
d. Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer’s functionality or the operation of our (or anyone else’s) Services, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or transmit any materials that otherwise violate our rules or policies; and
e. Violating our rights in or to our intellectual property.
Do Not Violate Third Party Intellectual Property Rights
Without any of our rights or your obligations under this Agreement, you may not, and by using the Services or Site you agree not to, use the Services or Site to: (i) transmit material that is copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner to transmit it; (ii) transmit material that reveals trade secrets, unless you own them or have the permission of the owner to so transmit them; or (iii) transmit material that infringes on any Intellectual Property Rights (as defined below) of others or violates the privacy or rights of publicity of others. For purposes of this Agreement, the term “Intellectual Property Rights” means collectively, rights under patent, trademark, copyright, and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights, and similar rights. Furthermore, you assume all liability associated with transmission of protected property and hold Isabelle Inc DBA Perfectly Produce harmless in the activity.
Termination of Membership
We may and will terminate your service immediately if we believe that your conduct fails to conform with this Agreement. Without limiting our rights and your limitations under this Agreement, if you use, or attempt to use the Services or Marks or our copyrighted materials for any purposes other than its intended purposes (including without limitation by tampering, hacking, modifying or otherwise corrupting the security or functionality of the Services), you may also be subject to civil and criminal liability.
E-Sign
You acknowledge that your electronic submissions constitute your agreement and intent to be bound by the agreements into which you thereby enter. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, APPLICATIONS AND OTHER RECORDS AND ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THIS SITE. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
We Reserve the Right to Revise this Agreement
We reserve the right, at any time and from time-to-time, to update, revise, supplement and to otherwise modify this Agreement, and to impose new or additional policies, terms or conditions on your use of the Services. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions (collectively referred to in this Agreement as “Additional Terms”) will be effective immediately and incorporated into this Agreement upon our publishing them on the Site, which may be given by any means we designate, including by our posting to the Site. Your continued use of any of the Site following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms. All Additional Terms are incorporated into this Agreement by this reference.
We May Revise or Terminate Any Part of the Services at Any Time
We reserve the right, at any time and from time-to-time, to modify or discontinue, temporarily or permanently, the Site or the Services, with or without notice to you. This includes the right to modify, discontinue or remove any content, postings, links, pages, services, or other materials at any time and for any reason. You agree that we will not be liable to you for any modification, general suspension or discontinuance of the Site or the Services.
Commercial Use
Sharing links to Perfectly Produce blog posts must include the original URL of the post and full credit to all photography and content. If you wish to publish, frame, refer to or provide information about the Site, our Marks (defined below), copyrighted materials or any Services on any website, web page, email address or the like operated by you or your affiliates, or any companies, partnerships, limited liability partnerships or any other legal entity which you have an ownership or investment interest in (also collectively referred to as “you”), you must first obtain our prior written permission to do so and enter into an agreement with us on terms designated by us. Contact us if you seek to obtain our permission to access this Site for commercial purposes. By “commercial purposes,” we mean you are engaging in the marketing, lease or sale of any products or services of any kind whatsoever. If you wish to use the Site for any commercial purpose, you must contact us and obtain our prior written permission to do so.
Security, Cracking and Hacking. You shall not violate or attempt to violate the security of the Services. Accordingly, you shall not: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iv) attempt to interfere with service to any user, host or network, including without limitation, via means of submitting a virus to the Services, overloading, “flooding,” “mailbombing” or “crashing” the Services. Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You understand that data and communications, including email and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet. You agree that it is your responsibility, and not ours, to obtain and use third-party software products that support encryption and other security protocols compatible with such protocols (if any) that may be used by us from time to time in connection with the Services.
Ownership. The trademarks, trade names, logos, color schemes, service marks, slogans, and similar means of identifying products or services displayed on any of the Site and other Intellectual Property Rights are our or our licensors registered and/or common law Marks or other Intellectual Property Rights. All content and materials on this Site including, without limitation, the Marks, button icons, images, audio clips, and software, copyrights, patents and other Intellectual Property Rights included in the Services or the Site, are our property or our licensors’ and are protected by U.S. and international copyright, patent, trademarks, and other proprietary rights and Intellectual Property Rights laws. The compilation of all content on the Site is our exclusive property and is protected by U.S. and international copyright laws. You will not use the Marks or other content on any site, website, web page, portal, or any form of advertisement which you operate, authorize or control without our express written permission. You may not use our Marks or copyrighted materials in any search engine descriptions, content (meta-tags, “white lettering”, keywords, or other means of directing or influencing web traffic to any website, web page, portal or email operated, controlled or authorized by you without our express written permission and your doing so constitutes a violation of our rights under U.S. Federal law, U.S. States’ laws, and other international laws and a breach of this Agreement. You will not adopt or use any names, trademarks, slogans, trade names, trademarks, service marks, email addresses, URLs, meta-tags, keywords, search descriptions or the like that are the same or are confusingly similar to the Marks. Without our prior written consent, you will not submit or maintain any information submitted to search engines which incorporate any content from the Site, the Marks, our copyrighted materials or any marks that are confusingly similar to the Marks.
Compliance with Laws. You may use the Services and the Site only for lawful purposes. The Services and use of the Site are subject to, and you agree that you will at all times comply with, all applicable local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to the use of the Services. This obligation includes your agreement to comply with all applicable laws or industry-specific regulations, and rules relating to the export of technical and other data from the United States (and from your country if you are not located in the United States) and your agreement not to export or re-export any such data or any other content or materials in violation of such laws, rules or regulations without first obtaining all necessary licenses, consents and approvals therefore, as well as authorization from us.
We Make No Warranties. YOU USE THE SERVICES AND THE SITE IS AT YOUR SOLE RISK. THE SERVICES AND THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. IN ADDITION, WE DO NOT WARRANT THAT INFORMATION AVAILABLE ON OR THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ESTIMATED FEES BASED ON USER-PROVIDED INPUT ANY SALES TRANSACTIONS PAGE OR SIMILAR SOFTWARE FUNCTION, ARE APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION, AND ACCESSING THEM FROM JURISDICTIONS WHERE THEIR CONTENTS ARE ILLEGAL IS EXPRESSLY PROHIBITED.
Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES OR ANY ASPECT OF THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES.
Indemnity of Us. You agree to indemnify and hold us harmless, and, at our request, to defend us from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys’ fees, to the extent that such action is based upon, arises out of, or relates to your use (or inability to use) the Services, any aspect of the Site, or any other activities of yours accomplished using the Services or the Site.