Terms and Conditions

 THE METABOLIC METHODTERMS AND CONDITIONS OF USE

 

  1. BINDING AGREEMENT. By ordering/registering to Coach Lydia’s “The Metabolic Method” you agree to be legally bound and abide by these Terms and Conditions, just as if you and Lydia Martinez had signed an agreement containing these Terms and Conditions. We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms and Conditions at any time. By registering for this program after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. By agreeing to these Terms and Conditions you also agree to receive our newsletters and special offers.

 

 

  1. PAYMENT. Coach Lydia’s “The Metabolic Method” (Lydia Martinez/{Paragon Group) accepts all major credit cards; Visa, American Express, MasterCard and Discover. The account on file will be billed and charged for the full value upon registering. Taxes apply and may vary.

 

  1. CANCELLATION/REFUNDS. All sales are final and may not be cancelled.

 

  1. A refund will be given only on a buyer’s remorse (72 hours) and/or not in program sessions at the time of cancellation notice. Written notice my be received within Three (3) business days to stop registration and terminate service in calculating the amount to be refunded, you will be charged our processing fee rate per day through the date of termination plus applicable sales tax. Refunds will be issued in accordance with the payment method on record within thirty (30) business days of receipt of cancellation notice. You agree to pay any charge back costs incurred related to reversed charges on your account.

 

  1. NOT MEDICAL ADVICE. The information presented on this Website and Coach Lydia’s “The Metabolic Method” program is in no way intended as medical advice or as a substitute for medical treatment. This information should only be used in conjunction with the guidance and care of your physician. Consult your physician before beginning any diet, nutrition, or fitness plan offered through the Website/Program. Your physician should allow for proper follow-up visits and individualize your diet, nutrition, or fitness plan as appropriate. Nothing stated or presented on the Website/program is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider if you have any questions regarding a medical condition, your diet, nutritional supplements, an exercise regimen, or any other matter related to your health and wellbeing.
  1. WEBSITE TERMS OF USE. If you elect to become a registered user of our Website/program, you agree to provide us with true, accurate and complete information about yourself (“Registered User Data”), and to maintain and promptly update the Registered User Data and any information you provide to us, and to keep it accurate. Without limiting any other provision of these Terms and Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your user account and refuse any and all current or future use of this Website/program, or any portion thereof by you. You agree not to assign, transfer or sublicense your rights as a registered user of this Website/program. You agree not to assign, transfer or sublicense your rights as a registered user of this Website/program. You further agree not to register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Website/program. Lydia Martinez (Coach Lydia’s “The Metabolic Method”) reserves the right to refuse or cancel your membership due to certain medical conditions, including those listed above. We also reserve the right to cancel your membership should you violate any provision of these Terms and Conditions, or any other posted policy on the Website/program. The contents of this Website/program, including the text, graphics, images, and information obtained from Coach Lydia’s “The Metabolic Method” third-party content providers, sponsors, suppliers, and licensors (collectively “Providers”), and any other materials are to be used for informational purposes only.

 

  1. RESTRICTIONS ON USE OF WEBSITE. Unless otherwise specified, Coach Lydia’s “The Metabolic Method” grants you a nonexclusive, nontransferable, limited license to access, use and display the Website/program and the material provided thereon for your personal, noncommercial use of education, provided that you comply fully with these Terms and Conditions. You acknowledge that this Website/Program contains information, data, software, photographs, videos, text, typefaces, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. Content or portions of Content may be copyrighted under the United States copyright laws (and, if applicable, similar foreign laws). All trademarks appearing on the Website/program are trademarks of their respective owners. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on the Website/program. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership or interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior express written consent. This license does not include any resale or commercial use of the Website/program or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website/program or its contents; or any use of data mining or similar data gathering and extraction tools. The Website/program or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written consent of Lydia Martinez (Coach Lydia’s “The Metabolic Method”). You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Website/program without our express written consent of Lydia Martinez. You may not use any metatags or any other hidden text utilizing Lydia’s Martinez (Coach Lydia’s “The Metabolic Method”) name or trademarks without the express written consent of Lydia Martinez. Any unauthorized use terminates the permission or license granted by Lydia Martinez. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of the Website/program so long as the link does not portray Lydia Martinez (Coach Lydia’s “The Metabolic Method”), its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Lydia Martinez (Coach Lydia’s “The Metabolic Method”) logo or other proprietary graphic or trademark as part of the link without our express written permission.

 

 

  1. DISCLAIMERS AND LIMITATION OF LIABILITY. Users of our Website/program (individually and collectively, “User”) expressly agree that use of the Website/program is at User’s sole risk. Neither Lydia Martinez, nor its parent, officers, directors, employees or Providers, warrant that the Website/program will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on the Website/program or the results that may be obtained from the use of the information provided on the Website/program, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Website/program. Lydia Martinez (Coach Lydia’s “The Metabolic Method”) does not endorse, recommend, or sponsor and is not affiliated with any individuals or entities listed or linked on the Website /program unless that fact is expressly stated. The listing of any individual or entity does not constitute a medical referral of any kind. Users are advised to exercise their own further informed review, judgment, and evaluation in the selection of any and all medical professionals and health information. THE WEBSITE/PROGRAM IS PROVIDED BY THE LYDIA MARTINEZ ON AN “AS IS” AND “AS AVAILABLE” BASIS. LYDIA MARTINEZ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE/PROGRAM OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR INDIVIDUALS INCLUDED OR LISTED ON THE WEBSITE/PROGRAM. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LYDIA MARTINEZ “THE METABOLIC METHOD” DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL LYDIA MARTINEZ OR PROVIDERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, LOSS, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE WEBSITE OR THE USE OF THE INFORMATION OR THE RESULTS OF THE USE OF THE INFORMATION PROVIDED ON THE WEBSITE, EVEN IF LYDIA MARTINEZ “THE METABOLIC METHOD” IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OTHER MATTER RELATING TO OUR WEBSITE. YOUR SOLE REMEDY WITH RESPECT TO ANY DISPUTE IS TO DISCONTINUE YOUR USE OF THE WEBSITE. IN NO EVENT SHALL LYDIA MARTTINEZ “THE METABOLIC METHOD” LIABILITY EXCEED THE PRICE YOU PAID FOR A PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY FRESH DIET, PROVIDERS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. Under no circumstances shall Lydia Martinez or any other party involved in creating, producing, or distributing the Website/program be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website/program, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Website’s records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise and services available through the Website/program. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law. Any product, offering, content and material downloaded or otherwise obtained through the use of this website/program is done at your sole risk and you will be solely responsible for any damage to your computer system

 

 

or

 

loss of data that results from the download of any such product, offering, content or material. Neither Lydia Martinez “The Metabolic Method”, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant or make any representations regarding the use or the results of the use of the products, offerings, content and materials in the Website in terms of their correctness, accuracy, reliability, or otherwise. No advice or information, obtained by you from our personnel or through the Website/program shall create any warranty not expressly provided for in these Terms and Conditions.

 

 

  1. COPYRIGHTS. Copyright © Lydia Martinez/MomentumMentor, LLC. (“The Metabolic Method” and/or TheMetabolicMethod.com/MetabolicMethod.com). 2014-2015. All rights reserved. All materials and contents contained in the Website/program (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the Website/program itself, are copyrighted materials belonging exclusively to Lydia Martinez “The Metabolic Method” [or its content suppliers] and are protected by United States and international copyright law. Lydia Martinez“The Metabolic Method” enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved.