The following Disclaimer, together with any documents they expressly incorporate by reference (collectively, this or the “Disclaimer”) is a legal agreement between you and YOU TAKE CONTROL OF IT LLC (“Company,” “we,” or “us”), the owner and developer of www.youcanbeatobesity.com (the “Website”), and governs your access to and use of the Website, including any resources, materials, data, information, content, products and services (“Content & Offerings”) offered on or through the Website, whether as a guest, client or registered user. 

Please carefully read this Agreement before you access the Website or any Content & Offerings.  By accessing or using the Website or its Content & Offerings, or by clicking or checking to agree to the Agreement, you understand and agree to the Disclaimer.  IF YOU DO NOT AGREE TO THE DISCLAIMER, YOU MUST NOT USE OR ACCESS THE WEBSITE OR ITS CONTENT & OFFERINGS. Each use by you shall constitute and be deemed your unconditional acceptance of this Disclaimer.

• For Your Personal Educational and Informational Purposes Only.

You understand that the Website and any Content & Offerings provided by the Company or Company’s subsidiaries, affiliates, agents, officers, owners, directors, employees, contractors, advisors, licensees, and assigns (“Company’s Related Entities”) are for your own personal informational and educational purposes only, are NOT medical, nursing, health, legal, financial, tax, accounting, or any other professional advice.  Nor are they substitutes for medical, clinical, or heath advice from a professional who is aware of the facts and circumstances of your individual situation.  You should always check with your own medical practitioner before changing any of your current health or wellness regimens.   

Nothing available on or through the Website or its Content & Offerings are a recommendation that you should not consult with a medical or health professional to address your particular information and situation. Company and Company’s Related Entities shall not be held liable or responsible for any errors or omissions or for any damage you may suffer as a result of failing to seek competent medical or health advice from a professional who is familiar with your situation. 

• No Client Relationship.

Your use of this Website, including implementation of any suggestions set out in this Website or use of any Content & Offerings available on this Website, does not create a client relationship between you and the Company or Company’s Related Entities. 

The Company cannot accept you as a client unless and until we enter into a separate agreement.  Therefore, you understand and agree that we have not created any client relationship by the mere use of this Website.

• No Guarantees.

You understand and agree that the Company has not made any guarantees about the results or effects of taking any action, whether recommended on this Website and its Content & Offerings or not. You recognize that your success or failure will be the result of various factors and circumstances that are beyond the Company’s control.  You also recognize that prior results do not guarantee a similar outcome.  Thus, the results obtained by others, applying the information, methods, steps or principles set out in this Website and Content & Offerings are no guarantee that you or any other person or entity will be able to obtain similar results.

By using this Website or its Content & Offerings, you accept full responsibility for the results of your actions or inactions.  You agree to take full responsibility for any harm or damage you or third parties may suffer as a result of the use, or non-use, of the information or resources available on this Website or its Content & Offerings. You agree to use your best judgment and conduct due diligence before taking any action or implementing any plan or policy suggested or recommended on this Website or its Content & Offerings.  

• Errors and Omissions.

This Website (including its Content & Offerings) is a public resource of general information that is intended, but not promised or guaranteed, to be correct, complete, up to date, or free of errors.  By accessing the Website, you accept responsibility for any potential harm or damage suffered for the use or non-use for the Website and its Content & Offerings and agree to use your best judgment and conduct due diligence to verify any information and Content & Offerings before taking any actions based on the information provided on or through the Website.  You agree that neither Company nor Company’s Related Entities shall be liable for any errors or omissions relating to Website or its Content & Offerings.  

The Company and Company’s Related Entities are not responsible, in any manner whatsoever, for the acts, omissions, or Content & Offerings of third parties that are featured or mentioned in the Program.  The Company and Company’s Related Entities do not guarantee the accuracy or veracity of any Content & Offerings of third parties that are featured or mentioned in the Program. 

• No Endorsements.

The Company may refer to third-party Content & Offerings and third parties generally, including coaches, consultants, or experts.  Any reference is not an endorsement of any third party or a statement that the information provided by the third party is accurate and will lead to certain results. The Company provides this information as a reference only. You agree to conduct your own due diligence and make your own determination regarding any such Content & Offerings or third party.  The Company shall not be liable in any way for the acts, errors, omissions, products, services, materials, resources, or information provided by of any third parties, including those referenced by Company or Company’s Related Entities.

• Affiliate Links.

The Company may participate in affiliate marketing and have affiliate links on some of its pages.  This means that we may earn a commission if you click on or make purchases via affiliate links.  

You understand that it is your responsibility to investigate whether any affiliate offers are right for you. You will conduct your own due diligence when deciding whether to purchase an affiliate product or service and will not rely on our recommendation or reference.

• Testimonials and Success Stories.

You may find on this Website testimonials and stories from real, past or current clients and customers.  You understand and agree that the results obtained by these past or current clients and customers are not necessarily typical and that they are not a guarantee of results or effects by using any Content & Offerings offered on this Website or by the Company. You acknowledge that the prior success of others does not guarantee your success.

1. Indemnification.

You agree to indemnify, defend, release, and hold harmless Company and its subsidiaries, affiliates, agents, officers, owners, directors, employees, contractors, advisors, licensees, and assigns (“Company’s Related Entities”) from any liability, loss, claim and expense, including reasonable attorney's fees, related to your: breach or alleged breach of this Disclaimer; uploads or submissions, use of the Website or its Content & Offerings; violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or any misrepresentation made by you.  You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.

• No Representations or Warranties.

THE COMPANY AND COMPANY’S RELATED ENTITIES FURTHER MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING AS TO THE WEBSITE, CONTENT & OFFERINGS, PERFORMANCE, OPERATION, INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE OR PROVIDED BY COMPANY OR COMPANY’S RELATED ENTITIES. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY AND COMPANY’S RELATED ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

• Limitation of Liability

THE COMPANY AND COMPANY’S RELATED ENTITIES SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES, LIABILITY OR LOSS ASSOCIATED WITH ANY HARM OR DAMAGES SUFFERED BY YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH THE WEBSITE, ITS SOFTWARE OR CONTENT & OFFERINGS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. THE WEBSITE, ITS SOFTWARE AND CONTENT & OFFERINGS, INCLUDING THE INFORMATION OR THE DATA THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, INCLUDING IMPLIED WARRANTIES AND NON-INFRINGEMENT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, ITS SOFTWARE AND CONTENT & OFFERING, OR WITH ANY OF THE TERMS OF THIS DISCLAIMER, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE, ITS SOFTWARE AND CONTENT & OFFERING.

ALL CONTENT & OFFERINGS, INCLUDING INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED BY COMPANY AND COMPANY’S RELATED ENTITIES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COMPANY AND COMPANY’S RELATED ENTITIES MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE AND CONTENTS & OFFERINGS AT ANY TIME. 

Effective as of: September 14, 2022