TERMS AND CONDITIONS
Welcome to drtracyinc.com (the “Site”). Please read the following terms and conditions (this “Agreement”), which apply to your use of the Site and all products and services offered on the Site, the mobile versions thereof, and any applications, platforms or technologies offered by Dr. Tracy Inc. The Site is controlled, owned and operated by Dr. Tracy Inc.. This Agreement is a binding contract between you and Dr. Tracy Inc.. You shall be deemed to have agreed to the terms of this Agreement by either using the Site simply as a guest through browsing or by registering as a member of the Site.
1. General Use Provisions.
1.1 All materials provided on the Site including information, text, graphics, documents, logos, trademarks, sounds, images, multimedia content, audiovisual content or any other materials you may see or read on the Site and all related software code (collectively, the “Materials”) are provided either by Dr. Tracy Inc. or by its respective third party licensors or agents (“Third Party Providers”) and are the property or copyrighted work of Dr. Tracy Inc. and/or its respective Third Party Providers. All Rights Reserved. Third Party Providers are intended third party beneficiaries of this Agreement and may enforce the terms of this Agreement against you.
1.2 Subject to the terms and conditions herein, Dr. Tracy Inc. hereby grants you a limited, revocable, personal, non-sublicenseable, non-transferable, non-exclusive license to access and use the Site and the Materials for your limited and personal, non-commercial access and use for real-time viewing purposes only. You agree not to: (a) modify or alter any part of the Site or the Materials, (b) attempt to gain unauthorized access to the Site, other members’ accounts or account information, or other computer systems, servers or networks connected to this Site or any portion thereof, (c) upload commercial content on this Site or use this Site to solicit others to join or become members of any other commercial online service or other organization, (d) upload, post, e-mail or otherwise transmit any data to the Site that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, (ii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, (iii) you do not have a right to transmit under any law or under contractual or fiduciary relationships, or (iv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, (e) use this Site to harm minors in any way, (f) impersonate any person or entity, including a Dr. Tracy Inc.’ representative, or otherwise misrepresent your affiliation with a person or entity, (g) interfere with or disrupt this Site or servers or networks connected to this Site, or disobey the requirements, procedures, policies or regulations of networks connected to this Site, (h) collect or copy any product listings or products from this Site, (i) intentionally or unintentionally violate any applicable local, state, national or international law, (j) provide inaccurate, incomplete, outdated or misleading registration information, or (k) use automated means, including spiders, robots, crawlers, data mining tools, or similar data gathering methods to download data from this Site or otherwise access this Site. You further agree to comply with all applicable laws, rules and regulations governing your use of the Site and access of the Materials.
1.3 Except as otherwise provided, or pursuant to a separate written agreement between you and Dr. Tracy Inc., none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transferred, assigned or transmitted in any form or by any means, including, electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Dr. Tracy Inc. or the appropriate Third Party Provider. Except where expressly provided otherwise by Dr. Tracy Inc., nothing on the Site shall be construed to confer any license to any of Dr. Tracy Inc.’ or any Third Party Provider’s intellectual property rights, whether by estoppel, implication or otherwise. Dr. Tracy Inc. reserves the right in its sole and absolute discretion to terminate your right to use the Site at any time.
1.4 DISCLAIMER: Dr. Tracy Inc is not an agent, lawyer, manager, business manager, registered dietitian, financial analyst, accountant, or nutritionist and while Dr. Tracy Inc is run by a psychologist trained in social, behavioral, or cognitive science, Dr. Tracy Inc will not act as a therapist providing psychotherapy, psychoanalysis, psychological counseling or behavioral therapy. Dr. Tracy Thomas and team will provide non-clinical coaching recommendations. Coaching clients who see Dr. Thomas in California may receive clinical recommendations, case coordination/ management, and other information as Coach deems appropriate/ necessary as part of their coaching program.
Client understands that Coaches will NOT give medical advice, prescribe medication, diagnoses or apply treatment of diagnosed or diagnosable mental illnesses.
Client understands if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment.
Client understands Coach will not prescribe or assess micro-and macro-nutrient levels; provide health care, medical or nutrition therapy services; or diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body.
If the Client is under the care of a healthcare professional or currently uses prescription medications, Client should not discontinue any prescription medications without first consulting his or her doctor. Client understands that the information in this Program is NOT medical or nursing advice and is not meant to take the place of seeing Client’s own licensed health professional(s).
1.5 PERSONAL OWNERSHIP FOR RESULTS: Client accepts and agrees that Client is 100% responsible for their progress and results from any Dr. Tracy Inc. Program. Coach, Product, or Service will help and guide Client however, participation is the one vital element to all Program’s success that relies solely on Client. Coach makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. Client acknowledges that there is no guarantee that Client will reach their goals as a result of participation in the Program
1.6 LIMITATION OF LIABILITY. Client agrees they use Site, Products, and Coach’s services at their own risk and that Program is only an educational service being provided. Client releases Coach, officers, employers, directors, and related entities at Dr. Tracy Inc. from any and all damages that may result from any claims and demands whatsoever, in law or equity arising from any agreements, past or present, between the parties. Client accepts any and all risks, foreseeable or unforeseeable. The Client expressly assumes the risks of the Program, including the risks of trying new foods or supplements and inherent lifestyle changes. At any time lifestyle adjustments are suggested, it is the responsibility of the Client to do further research or check with their healthcare provider before enforcing such suggestions.
Client agrees that Coach will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Coach’s products, services or enrollment in any Programs.
2. Opening Member Account; Login and Password.
2.1 To open a member account, you must complete the registration process by providing Dr. Tracy Inc. with current, complete and accurate information as prompted by your account profile. In registering for the member account, you agree to submit accurate, current and complete information, and to promptly update such information. Should Dr. Tracy Inc. suspect that such information is untrue, inaccurate, not current or incomplete, Dr. Tracy Inc. has the right to suspend or terminate your access to the Site. Your user account cannot be shared or used by anyone other than you. By opening a user account, you are confirming that you are at least eighteen (18) years of age.
2.2 Upon registration, you will receive a user name and personal password. You will be responsible for keeping your user name and password confidential. You will notify us immediately upon learning of any unauthorized use of your user name and password. Dr. Tracy Inc. cannot and will not protect you from the unauthorized use of your user name and password. You will be responsible for all activities and charges incurred through the use of your user name and password, and any claims, liabilities, damages, losses and costs (including reasonable attorneys’ fees) resulting from the unauthorized use of your user name and password, except for unauthorized use of your user name and password directly resulting from the gross negligence or willful misconduct of Dr. Tracy Inc.. This Agreement is personal to you, and you shall not assign your rights to anyone.
3. Third Party Sites and Links.
3.1 The Site may contain links to web sites controlled by parties other than Dr. Tracy Inc.. Dr. Tracy Inc. is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites or any transactions completed through such web sites. Dr. Tracy Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Dr. Tracy Inc. of the linked web site, notwithstanding the inclusion on such web site of the trademarks of Dr. Tracy Inc. or its Third Party Providers. It is your responsibility to take precautions to ensure that whatever materials you select for your use are sufficient for your purposes and are free of viruses or other items of a destructive or invasive nature.
3.2 Materials provided by Third Party Providers on the Site have not been independently reviewed, tested, certified, or authenticated in whole or in part by Dr. Tracy Inc.. Dr. Tracy Inc. does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Dr. Tracy Inc.. Any correspondence with, purchase of goods or services from, or participation in third party promotions of such Third Party Providers is solely between you and the applicable Third Party Provider.
3.3 You may link to our home page located at drtracythomas.com, provided that any such link does not imply any affiliation, endorsement, or sponsorship of your web site by Dr. Tracy Inc.. You may not frame or otherwise incorporate into any other web site any of the Materials.
5. Submissions. We welcome your feedback regarding the Site as well as our services. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to Dr. Tracy Inc. shall be and remain the exclusive property of Dr. Tracy Inc.. Your submission of any such Comments shall constitute an assignment to Dr. Tracy Inc. of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Dr. Tracy Inc. will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way.
For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
6. Dr. Tracy Inc. ECommerce. By placing an order on the Site, you authorize Dr. Tracy Inc. to charge the card utilized as the payment method to obtain the relevant funds. You represent and warrant that you have the legal right to use the payment method utilized in connection with any such order or other transactions. You agree that any purchase charge may occur several business days after your transaction(s) has occurred and after the date shown on your transaction receipt(s). All digital sales are final and are non-transferable. Online e-books and download purchases are granted a single use license and are not to be re-distributed or shared. Dr. Tracy Inc maintains the sole right to the materials purchased on the Site and copying or further distribution is strictly prohibited.
7. Disclaimer of Warranties. YOU AGREE THAT YOUR USE OF THE SITE AND THE MATERIALS SHALL BE AT YOUR OWN RISK. THE SITE AND THE MATERIALS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. WITH REGARD TO THE MATERIALS AND THE SITE, Dr. Tracy Inc. AND THE THIRD PARTY PROVIDERS MAKE NO WARRANTY REGARDING YOUR USE OR PERFORMANCE OF THE SITE. DR. TRACY INC. HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. Dr. Tracy Inc. AND THE THIRD PARTY PROVIDERS DO NOT WARRANT WITH RESPECT TO THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE MATERIALS. Dr. Tracy Inc. SHALL HAVE NO LIABILITY FOR ANY VIRUSES RELATED TO THE MATERIALS OR THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Dr. Tracy Inc. AND THE THIRD PARTY PROVIDERS DO NO WARRANT THAT (A) THE MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE MATERIALS WILL OPERATE OR BE USABLE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA, (C) THE OPERATION OR USE OF THE SITE OR THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, OR (D) ANY PROGRAM ERRORS WILL BE CORRECTED. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE MATERIALS ARE ACCURATE OR SUFFICIENT FOR YOUR PURPOSES. Dr. Tracy Inc. AND THE THIRD PARTY PROVIDERS SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO THE SITE AND/OR USE OF THE MATERIALS. Dr. Tracy Inc. AND THE THIRD PARTY PROVIDERS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE MATERIALS CONTAINED ON THE SITE. THE SITE IS CONTROLLED AND OFFERED BY DR. TRACY INC.
8. Limitation of Liability. DR. TRACY INC. AND THE THIRD PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING OR ACCESSING THE SITE OR THE MATERIALS, AS WELL AS FOR ANY DAMAGES SUFFERED AS A RESULT OF THE INABILITY TO USE THE SITE OR THE MATERIALS. IN NO EVENT SHALL DR. TRACY INC OR THIRD PARTY PROVIDERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR THE MATERIALS MADE AVAILABLE FROM THE SITE, EVEN IF Dr. Tracy Inc. HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU ACKNOWLEDGE AND AGREE THAT DR. TRACY INC. SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. AS A USER OF THE SITE, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR THE MATERIALS IS TO STOP USING THE SITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED IN THE APPLICABLE JURISDICTION.
9. Indemnity. You hereby agree to defend, indemnify and hold Dr. Tracy Inc. and the Third Party Providers harmless from, and you covenant not to sue Dr. Tracy Inc. or the Third Party Providers for, any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, without limitation, attorneys’ fees) arising from or related to (a) your negligence, error, omission or willful misconduct, (b) your breach of any terms of this Agreement, or (c) your use of the Site or the Materials.
10. Additional Terms and Modifications. Dr. Tracy Inc. and the Third Party Providers may make improvements and/or changes to the Site and the Materials at any time without notice. Dr. Tracy Inc. may make changes to this Agreement or other policies relating to the usage of the Site by posting an updated version of this Agreement or the other policies on the Site. You are responsible for regularly reviewing this Agreement and the policies. Your continued use of the Site after any such changes constitutes your consent to such changes.
11. General Terms. The Site may include inaccuracies or typographical errors. The section headings are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement. As used in this Agreement, the word “including” means “including but not limited to.” No joint venture, partnership, employment or agency relationship exists between you and Dr. Tracy Inc. as result of this Agreement or through the use of the Site. No alteration, amendment, or modification of any of the provisions of this Agreement shall be binding unless made in writing with express reference to this Agreement, and signed by a duly authorized representative of each party. The failure of Dr. Tracy Inc. to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Dr. Tracy Inc. in writing. If any of the provisions of this Agreement is held by a court of competent jurisdiction to be unenforceable, such provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and remaining provisions will remain in full force and effect. Dr. Tracy Inc. shall not be liable for any failure to fulfill its obligations hereunder due to causes beyond its reasonable control, including acts or omissions of government or military authority, acts of God, shortages of materials, transportation delays, earthquakes, fires, floods, labor disturbances, riots, or war. This Agreement will be governed by California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree that the Site shall be deemed solely based in California, and the Site shall be deemed a passive website that does not give rise to personal jurisdiction over Dr. Tracy Inc. in jurisdictions other than California. Any and all disputes, actions, claims, or causes of action related to or in connection with this Agreement or the Site shall be brought in the federal and state courts located in California. This Agreement represents the entire understanding relating to the use of the Site and prevails over any prior or contemporaneous, conflicting or additional communications, including statements on the Site. Dr. Tracy Inc. has the right to assign or transfer this Agreement to a third party which acquires substantially all of the assets or equity of Dr. Tracy Inc. connected with the Site. You may not assign or otherwise transfer in whole or in part or in any manner any rights, obligations, or any interest in or under this Agreement without Dr. Tracy Inc.’ prior written consent and any attempted assignment will be void. A merger or other acquisition by a third party will be treated as an assignment. YOU AND DR. TRACY INC. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, IT BEING THE EXPRESS INTENT OF THE PARTIES TO LIMIT THE TIME PERIOD DURING WHICH A PARTY MAY BRING A CLAIM. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
12. Intellectual Property Notices. You hereby acknowledge the following proprietary notices and legends: Elements of the Site are protected by copyright, trademark and other intellectual and industrial property laws and may not be copied or imitated in whole or in part except as provided in this Agreement. No logo, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by Dr. Tracy Inc, the Dr. Tracy Inc. logo, and/or other Dr. Tracy Inc. brand names for products or services referenced herein or included on the Site are trademarks of Dr. Tracy Inc. and may be registered in certain jurisdictions.
13. Questions or Comments. If you have any questions or comments about this Agreement or the Site, please contact Dr. Tracy Inc. at firstname.lastname@example.org .