Terms of Service
Effective Date: December 16, 2022
BLE reserves the right to change these Terms of Service or to impose new conditions on use of the Site from time to time, in which case BLE will post the revised Terms of Service on the Site. By continuing to use the Site after BLE posts any such changes, you accept the Terms of Service, as modified.
1. Susan Peirce Thompson's Non-medical Background
- Susan Peirce Thompson is a professor and a scientist. Her Ph.D. is in Brain and Cognitive Sciences.
- Susan Peirce Thompson is not now, and never has been, a medical doctor, and does not claim to be one.
2. Bright Line Eating Solutions, LLC, Does Not Provide Medical Advice
- As with any changes affecting your health, Bright Line Eating Solutions, LLC, strongly recommends and encourages you to consult with your medical doctor or other qualified health care professional before embarking on this journey. In other words, Bright Line Eating Solutions, LLC, urges you to seek medical/professional advice before beginning any weight loss program or any diet.
- Nothing claimed by Bright Line Eating Solutions, LLC, nor on its website, is intended to be medical advice, nor is it any way a substitute for professional medical advice, diagnosis, or treatment. Any weight loss advice is not intended as medical diagnosis or treatment. Never disregard professional medical advice or delay in seeking medical advice because of something you have read or heard from Bright Line Eating Solutions, LLC.
- Should you choose not to obtain the consent of your medical doctor or other qualified health care provider and/or work with your physician or other qualified health care provider while using any information received from Bright Line Eating Solutions, LLC, you are agreeing to accept full responsibility for your actions.
3. Consult Often with Your Medical Doctor or Health Care Professional
- Bright Line Eating Solutions, LLC, strongly encourages you to consult with your medical doctor or other qualified health care provider on the food plan when you begin the Bright Line Eating program.
- Bright Line Eating Solutions, LLC, strongly urges you to work with and consult with your medical doctor or other qualified health care provider throughout your weight loss program, particularly if you suffer from any medical conditions.
- Experience shows that adopting the Bright Line Eating plan can create dramatic physiological changes. Therefore, medications may need to be adjusted frequently, and Bright Line Eating Solutions, LLC, urges you to consult with your doctor. This is not a promise that your medications will change, just a prediction based on past experience.
4. Weight Loss Results Will Vary
- No claims about weight loss should ever be taken as being typical because the typical person on any weight loss program either never begins the program, or drops out of the program.
- Every person's body is unique unto them. Therefore, the rate of weight loss on the Bright Line Eating plan will be different for each person.
- Weight loss while following the Bright Line Eating plan can be significant, leading to an amazing transformation. This transformation depends fully on the amount of effort that you put into the plan.
Limited License and Intellectual Property Rights
The Site and all the materials available on the Site (including, but not limited to, all information, software, text, displays, features, functions, video, audio, images, and the design, selection and arrangement thereof) are the property of BLE and/or BLE’s affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You must not reproduce, repurpose, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the materials on the Site except as expressly set forth in these Terms of Service. You also may not use, distribute, or make available any portion of the the Site or any of the content or materials available on the Site in a manner, whether for free or not, that has not been expressly authorized by BLE in writing including, but not limited to, promoting, offering, developing or otherwise engaging in the sale, offer for sale, or provision of any good or service. If you share BLE content via social media, your postings should clearly acknowledge BLE as the source and you must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by BLE or by the Site. However, you may not, without BLE’s prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of BLE’s material, content or intellectual property.
If you violate any of the above, your right to use the Site will cease immediately and you must, at BLE’s option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any materials on the Site is transferred to you, and all rights not expressly granted are reserved by BLE. Any use of the Site not expressly permitted by the Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
You acknowledge that BLE has the right but not the obligation to use and display any postings or contributions of any kind and that BLE may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
User Content and Right to Use
BLE welcomes fan participation and shares in the excitement and satisfaction that Bright Line Eating® weight loss programs bring to BLE’s customers’ lives. BLE is so in awe at the many interested individuals who wish to be a part of the BLE experience and share their personal messages, successes and events via social media that BLE wants to ensure that such individuals such as yourself are aware of and understand that in so doing, your postings may be used by BLE in marketing, promotional events, and advertising.
Should you desire to post, and/or directly upload user photos, texts, graphics, audio, video, location information and comments to the Site and/or other digital properties operated by BLE, and/or participate in any community online gathering, including but not limited to audio participation, Facebook® Live events, Calls, or Zoom® meetings, (“User Content”) , you understand that by doing so, you grant to BLE and BLE’s third-party service providers who provide content management services and BLE’s retail partners (collectively, the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your User Content in any manner to be determined, in the Licensed Parties’ sole discretion, including, but not limited to, on its webpages, social media pages operated by the Licensed Parties, promotional e-mails and advertisements, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Content. Bright Line Eating (BLE) reserves the right to use any photograph/video taken at any event sponsored by BLE such as interactions with BLE including but not limited to coaching calls, courses such as the Holidays course, and interviews, without the expressed written permission of those included within the photograph/video. BLE may use the photograph/video in publications or other media material produced, used, or contracted by BLE, including but not limited to brochures, invitations, books, courses, newspapers, magazines, television, websites, etc.
You hereby represent and warrant that (i) you own all rights in and to any User Content you provide, or, if the User Content is subject to third party proprietary rights, including, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary rights laws, you have all necessary licenses, rights, consents, and permissions to publish the User Content you submit and to grant the rights granted herein, including permission from all person(s) appearing in your User Content; (ii) you are not a minor, (iii) you are legally entitled to post the User Content, (iv) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive and the Licensed Parties’ use of your User Content as described herein will not violate any other law, and (v) you hereby waive any and all consideration, royalties, or any other form of compensation or remuneration in connection with the submission of User Content. You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.
The Licensed Parties reserve the right to remove any User Content from the Site at any time, for any reason.
If you believe that your work has been copied in a way that constitutes copyright infringement, you may provide BLE with written notification of your claim in accordance with the requirements of the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”):
Bright Line Eating Solutions, LLC
620 Park Avenue, Suite 214
Rochester, New York 14607
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon BLE actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to BLE a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.
The Site is intended to be a safe place for BLE’s members. You may not solicit business or website traffic for any goods or services on any BLE Site or forum. BLE will determine what constitutes Solicitation (defined below) on a case-by-case basis, but BLE offers the following guidelines about commonly encountered issues:
“Solicitation” is any act or attempt to advertise, market, or sell any product or service or to seek membership in any organization, or to obtain a donation/contribution.
You may not use the Site to promote your own business, sell items, offer jobs or otherwise conduct commerce.
You may not sell any goods or services.
You may not post affiliate or referral links.
You may not suggest private contact with members including, but not limited to, personal messages or texts to obtain information about programs or goods you offer.
If you violate the Terms of Service, BLE may suspend or terminate your account with or without notice.
Other Restrictions and Misuse of Interactive Features
The Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information, or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:
- Restrict or inhibit any other user from using and enjoying the Site.
- Use the Site to impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, or otherwise manipulate headers or identifiers to disguise the origin of the content.
- Interfere with or disrupt any servers or networks used to provide the Site or its features.
- Use racist, homophobic, or otherwise discriminatory language on the Site.
- Disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
- Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
- Seek to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise.
- Gain unauthorized access to the Site, or any account, computer system, or network connected to the Site, by means such as hacking, password mining or other illicit means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
- Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
- Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
- Use the Site to post or transmit any information, software or other material that contains a virus, or other harmful computer code designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications.
- Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
- Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
- Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
BLE may host message boards, chats and other public forums on the Site. Any user failing to comply with these Terms of Service may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by BLE staff, BLE’s outside contributors, or by users not connected with BLE, some of whom may employ anonymous user names. BLE expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information, or statement made or displayed in these forums by any person or entity whether affiliated with BLE or not, nor is BLE responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will BLE, its affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of BLE or any of its subsidiaries or affiliates.
BLE has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that BLE reserves the absolute right to monitor the same at BLE’s sole discretion. In addition, BLE reserves the right to alter, edit, refuse to post, or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect BLE, its clients, sponsors, users and visitors. Such removal or otherwise deletion of any content or submission from you that violates any of these Terms of Service, or which are inappropriate in BLE’s sole discretion, may be performed without liability or warning to you.
From time to time, third parties may create forums claiming to be support forums for members of BLE. BLE expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information, or statement made or displayed in forums created by third parties, nor is BLE responsible for any errors or omissions in such postings, or for hyperlinks embedded in any support forums.
Disclaimers and Third-Party Content
Throughout the Site, BLE may provide links and pointers to Internet sites maintained by third parties. BLE’s linking to such third-party sites does not necessarily imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In some cases, BLE may receive monetary compensation or other types of remuneration for BLE’s endorsement and/or link to some products or services shared on the Site. In addition, BLE does not operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by BLE on the Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not BLE. Neither BLE nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, BLE neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY BLE AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BLE DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITE, INCLUDING BULLETIN BOARDS, FORUMS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
BLE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THE SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR APPROPRIATENESS FOR ANY PURPOSE.
Purchases through The Site
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to BLE or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
Certain sections of the Site may allow you to purchase different types of products and services online that are provided by third parties. BLE is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and BLE. A merchant may have privacy and data collection practices that are different from BLE’s practices. BLE has no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You agree that any such business dealing with any third party is between you and third party and therefore, you agree that BLE shall not be responsible or liable for any loss, damages, or other matters of any sort incurred as the result of such dealings and also release BLE and BLE’s affiliates from any damages that you incur, and agree not to assert any claims against BLE or BLE’s affiliates, arising from your purchase or use of any products or services made available by third parties through the Site.
All sales are in US Dollars. Additional bank charges for international transactions may vary according to the policies of different credit issuers. Please contact your credit issuer for more information regarding bank charges. Bank charges will not be shown in your online order, and BLE does not take any responsibility for any bank charges occurring from using international credit cards to make a payment.
Annual Membership Automatic Renewal Policy
Annual memberships will be charged annually, in advance of the expiration of your current membership, to the card/PayPal associated with your BLE account. You will be billed on an annual basis for the current membership rate at the time your membership is renewed. BLE will notify you of upcoming renewal charges before processing them. If BLE changes the membership price, you will be notified of the new price before you are charged and allowed to cancel up to seven days prior to the first billing cycle set at the new price. If the payment for your membership cannot be processed for any reason, BLE will not process your automatic renewal and will notify you with instructions on how to update your payment information. Should you choose to cancel before your renewal date, you will not receive credit for the unused portion of your membership.
Monthly Membership Automatic Renewal Policy
Monthly memberships will be charged monthly, in advance of the expiration of your current membership, to the card/PayPal associated with your BLE account. You will be billed on a monthly basis for the current membership rate at the time your membership is renewed. BLE will notify you of upcoming renewal charges before processing them. If BLE changes the membership price, you will be notified of the new price before you are charged and allowed to cancel up to seven days prior to the first billing cycle set at the new price. If the payment for your membership cannot be processed for any reason, BLE will not process your automatic renewal and will notify you with instructions on how to update your payment information. Should you choose to cancel before your renewal date, you will not receive credit for the unused portion of your membership.
Automatic Renewal Cancellation Policy
You may cancel your automatic renewal at any time before the renewal date by logging into your Bright Line Eating account, clicking on your profile icon in the upper-right corner, choosing “My Account” followed by “Billing Info,” clicking on the three little dots to the right of your subscription, and selecting the option to cancel.
Unless otherwise stated on the purchase page, BLE offers a 14-day refund policy commencing on the date of your initial purchases made from BLE. However, if you participate in any free trial period offering, then you will not be entitled to a refund once you convert to a paid subscription since the free trial period affords you the time within which to make an informed decision to convert to a paid subscription. Please refer back to the order page you used at the time of purchase. If you are not satisfied with a digital product purchase, you must cancel your membership within the 14-day refund window by logging into your Bright Line Eating account, clicking on your profile icon in the upper-right corner, choosing “My Account” followed by “Billing Info,” clicking on the three little dots to the right of your subscription, and selecting the option to cancel. Receipt of a refund for the Bright Line Eating Membership may disqualify you from purchasing and participating in other BLE offerings.
Definition of Lifetime Access
“Lifetime” is defined as lifetime of the product unless otherwise stated in the specific product description. Members of the “Bright Line Freedom” course will have access to the website, all course materials, and the course Facebook group for the duration of the course, and for the six months immediately following the conclusion of the course. Members of the “Reboot Rezoom” course will have access to the course website, and course materials for the duration of the course, and for the six months immediately following the conclusion of the course; however, members will only have access to the “Rezoom House 2021” online support community for the duration of the course, and for one week immediately following the conclusion of the course. Members of the “Bright Line Grit: Calm and Bright Through Crisis” course will have access to the course website, and course materials for the duration of the course, and for the six months immediately following the conclusion of the course; however, members will only have access to the “Bright Line Grit” online support community for the duration of the course, and for one week immediately following the conclusion of the course. Members of the “Bright Line Mind” course will have access to the course website, and course materials for the duration of the course, and for the nine months immediately following the conclusion of the course; however, members will only have access to the “Meliora 2020” online support community for the duration of the course, and for one week immediately following the conclusion of the course. If the product is ever discontinued, we have no responsibility to continue providing those services to the user. The user also agrees that all services were fully delivered on a satisfactory basis.
Special Offers & Discount Codes
From time to time, BLE may offer discount codes to be used on its websites. These offers are frequently disseminated through this website and/or emails to registered users. Special offers may also be announced via other means of communication in conjunction with the promotion of the BLE product collection.
From time to time, BLE may offer a special free trial period offer. In such circumstances, it may be required for you to enter your preferred payment method information to sign up for the offer. If you choose to participate in such a free trial period offer, you may cancel your participation at any time up to the third day prior to the expiration of the free trial period in order to prevent your payment method from being charged. If you timely cancel within such three days period, although your payment method may still be charged, you will receive a full refund. If you do not timely cancel your payment method will be charged at the end of the free trial period and your membership will commence under the auto-renewal terms listed herein. You are not authorized to participate in any free trial offer more than one time for any product of service. BLE reserves the right to restrict access to any of its free trial offerings if it determines, in its sole discretion, that you are abusing this right.
BLE encourages clients to redeem these special offers, but BLE respectfully asks that you do not exploit them. BLE, at its sole discretion, will determine if all purchasing criteria has been met to qualify for stated discount or free product. If you violate any terms or conditions or circumvent any software safeguards contained within our websites, BLE reserves the right to remove any and all free product(s) from your order, or to cancel the order in its entirety. You will be informed of any order changes via the contact information listed with your order.
Text Alert Program
BLE offers complimentary SMS text messaging services to help you stay informed with upcoming webinars and events. BLE offers this service at no extra charge. Message frequency may vary. Standard message and data rates may apply. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services. Texts may be sent using an automatic telephone dialing system.
Participating Carriers: The service is available on AT&T, Sprint, T-Mobile, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Carolina West Wireless, Cellcom, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Cincinnati Bell Wireless, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, iWireless, Mobi PCS (Coral Wireless LLC), Mosaic, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, nTelos, Panhandle Telecommunications, Peoples Wireless, Pioneer, Plateau, Revol Wireless, Rina – Custer, Rina – All West, Rina – Cambridge Telecom Coop, Rina – Eagle Valley Comm, Rina – Farmers Mutual Telephone Co, Rina – Nucla Nutria Telephone Co, Rina – Silver Star, Rina – South Central Comm, Rina – Syringa, Rina – UBET, Rina – Manti, South Canaan / CellularOne of NEPA, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. T-Mobile is not liable for delayed or undelivered messages.
If you have questions about SMS text services or need help, visit https://ble.life/supp
To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify BLE immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. BLE cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BLE, ITS SUBSIDIARIES AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RELATING TO ANY BLE PRODUCT OR SERVICE OR THAT PERTAIN IN ANY WAY TO THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING, WITHOUT LIMITATION, OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, CONTENT, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY BLE IN ANY WAY, EVEN IF BLE IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, BLE’S LIABILITY AND THE LIABILITY OF ITS SUBSIDIARIES AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER BLE NOR ITS AFFILIATES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY CONTENT PROVIDER.
You acknowledge and agree that no representation has been made by BLE or its affiliates and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in any program of any kind offered by BLE.
REGARDING CONTENT RELATING TO HEALTH & WELLNESS ON THE SITE:
THE SITE OFFERS WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE. THE USE OF ANY INFORMATION PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THE SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS OF SERVICE, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
BLE may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive indefinitely.
These Terms of Service shall be binding upon and inure to the benefit of BLE and BLE’s respective assigns, successors, heirs, and legal representatives. Neither these Terms of Service nor any rights hereunder may be assigned without the prior written consent of BLE. Notwithstanding the foregoing, all rights and obligations under these Terms of Service may be freely assigned by BLE.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York. You agree that any dispute raised by you shall be subject to final binding arbitration in Monroe County, NY. In the event of any violation of these Terms of Service by you, BLE also reserves the right to bring an action in state or Federal Court in New York and by agreeing to these Terms of Service, you (1) hereby submit to the jurisdiction of such courts, (2) agree that nothing herein will restrict BLE from seeking equitable relief from such court or any court of competent jurisdiction in circumstances where any act or omission of you could result in irreparable harm for which BLE cannot be compensated in damages and for which specific performance, an injunction or other equitable relief would be an appropriate remedy.
If any provision of these Terms of Service shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
We reserve the right to cooperate with law enforcement officials and court officials in the investigation or prosecution of any crime or lawsuit. You agree to hold BLE harmless from any consequences or actions taken by BLE in cooperation with such law enforcement investigation or court order.
Class Action Waiver
You may only resolve disputes with BLE on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
In addition to other indemnification obligations contained in these Terms of Service, you agree at all times to defend, indemnify and hold harmless BLE, its affiliates, and their respective successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
Severability and Integration
Unless otherwise specified herein, these Terms of Service constitute the entire agreement between you and BLE with respect to the Site and supersedes all prior or contemporaneous communications between you and BLE with respect to the Site. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
“Facebook” is a registered trademark of Facebook, Inc. and ZOOM is a registered trademark of Zoom Video Communications, Inc. The Site is not affiliated or otherwise endorsed by Facebook or Zoom in any way.
End of Terms of Service.