Terms of Use

Effective Date: These Terms of Use are effective as of July 13, 2012.

GENERAL

These Terms of Use, and our Privacy Policy, as each is amended from time to time, as well as any other rules and restrictions set forth on this web site, apply to you when you view, access, or otherwise use the web site located at www.theidiet.com (the “Website”). The Website is owned by Instinct Health Science LLC, DBA iDiet, with offices at 53 Westwood Rd, PO Box 283 Georges Mills, NH 03751, United States, and for the purposes of these Terms of Use, the terms “we,” “us,” “our,” “iDiet,” and “IHS,” refer to Instinct Health Science LLC. “You” refers to you, as a user of this Website. By accessing or using the Website, you are acknowledging that you are at least 18 years of age or you have the consent of a legal parent or guardian, and that you have read, understand, and agree without limitation or qualification to be bound by these Terms of Use. If you do not agree with these Terms of Use, you do not have the right to access or otherwise use the Website and, accordingly, you should not do so. This Website is not intended for children under the age of 13 years of age. If you are under 13 years of age, then please do not use the Website.
These Terms of Use include a release by you of all claims for damages against us that may arise out of your use of the Website. By using the Website, you are agreeing to this release.
You agree that each visit to the Website shall be subject to the then-current Terms of Use available on the Website. Accordingly, you should check these Terms of Use periodically for changes prior to using the Website.

PRIVACY POLICY

In addition to these Terms of Use, your use of and access to the Website is also subject to our Privacy Policy. Our Privacy Policy contains additional terms relating to our potential collection, use, and disclosure of your personal information as a Website visitor. You agree that you have read, understand, and agree to IHS’s complete Privacy Policy.

USE OF THE WEBSITE AND WEBSITE CONTENT

Your Right to Use the Website.  This website is for your personal use. Website access and materials herein must not be shared with others. Subject to the terms and conditions in these Terms of Use [and any terms applicable to your use of third party software], we grant you a nonexclusive, nontransferable, limited right to access, use, and display the Website, and the copyrighted text, software, music, videos, graphics, photos, interactive features, logos, trademarks, and other proprietary materials and information provided hereon (collectively, “Website Content”), subject to the limitations set out in Section III(b) below.

Limitations on Use of Website. The rights granted to you under these Terms of Use with respect to the use of the Website are subject to the following limitations:

You agree not to distribute in any medium any part of the Website or Website Content without our prior written consent.

You agree not to alter or modify any portion of the Website or Website Content, except for content that you provide to the Website or Website Content that is designated as editable by visual indications on the Website, including those portions of the Website that are message boards, chat rooms, or other interactive forums.

You agree not copy, reproduce, distribute, display portions of, or link to this Website or any Website Content contained hereon for commercial purposes without our prior express written consent (including, but not limited to, the sale of advertising on the Website, or the use of the Website to generate advertising or subscription revenue).

You agree to use the Website and the Website Content only for lawful, personal, and informational purposes, and you agree that you will not use the Website in any manner which violates any applicable local, state, national, or international law, or the intellectual property or proprietary rights of any third party.

You agree not to interrupt or attempt to interrupt the operation of the Website. You agree not to use the Website in any manner designed to degrade the performance or functioning of the Website, including, without limitation, launching Denial-of-Service attacks against the Website. You agree not to post or transmit into or on the Website any information or software that contains a virus, bug, worm, Trojan horse, or other harmful or disruptive element. You agree not use any automated tool, such as a web scraping tool, a bot or web robot, or web automation, to mine the Website for information or to fill out forms on the Website. You also agree that the web and email servers maintained by IHS and the emails associated with the domain cannot be used for the delivery of unsolicited bulk email or for any malicious or unlawful purpose.

You agree not to post or transmit into or on the Website any unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene, or otherwise objectionable or harmful information of any kind.

You will not attempt to gain unauthorized access to the Website or the servers and network associated with the Website. You will not circumvent or attempt to circumvent any security or access control technology implemented on the Website, or the servers and network associated with the Website.

IHS reserves the right to suspend or discontinue access to all or any portion of the Website at any time. Without limiting the preceding sentence, we reserve the right to limit or deny you access to the Website or take other appropriate action if you violate these Terms of Use or engage in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful, or malicious.

Except as otherwise permitted herein, you may not reproduce, distribute, modify, copy, publish, display, transmit, adapt, upload, create derivative works of, post, or in any way exploit the Website or the Website Content in any manner or for any purpose.

Ownership and Copyright Protection. The Website and all Website Content contained thereon is protected by copyright as a collective work under United States copyright laws, and is owned or controlled by, or licensed to, IHS or the party listed as the provider of the applicable Website Content. The Website and all Website Content is provided “as is” solely for your personal use and informational purposes. UNAUTHORIZED COPYING, REPRODUCTION, DISTRIBUTION, MODIFICATION, PUBLISHING, DISPLAY, ADAPTING, UPLOADING, CREATING DERIVATIVE WORKS, POSTING, OR TRANSMITTING OF ANY OF THE WEBSITE CONTENT IS PROHIBITED. IHS reserves all rights not expressly granted in and to the Website and the Website Content on behalf of itself or its licensors.
In downloading any materials from the Website in accordance with the limited rights granted under these Terms of Use, you agree to maintain and abide by all copyright, trademark, and other notices contained in such Website Content, or if none, you agree to abide by the following copyright and trademark notice with respect to such downloaded materials:
© 2012-2021 Instinct Health Science LLC, The iDiet logo and all associated trademarks and logos used herein are trademarks of Instinct Health Science LLC. Other company and product names used herein are properties of their respective owners. All rights reserved.
Trademarks.  iDiet, The iDiet, Instinct, Be Amazed! are registered trademarks of IHS.  Other marks, product names, and company names appearing on the Website, are trademarks and/or service marks of IHS and/or their respective owners, and are protected by law. IHS marks may be used publicly only with permission from IHS. Fair use of the trademarks and service marks requires proper acknowledgment in accordance with the above copyright and trademark notice.
Linked Sites.  Links may appear on the Website to third party website(s) which are not owned or operated by IHS (“Linked Sites”). These links are provided solely as a courtesy to our Website visitors. IHS reserves the right to add, change, decline, or remove any link at any time. Each Linked Site may have an individual privacy policy and/or terms of use which govern your use of and access to such Linked Site, and we recommend that you review the policies applicable to the Linked Sites prior to your use of such Linked Sites. IHS is not responsible for and does not endorse or warrant in any way any materials, information, goods, or services available through Linked Sites or any privacy or other practices of such Linked Sites.
Accuracy of Information.  IHS strives to accurately describe its products and services and to provide updated information on the Website. However, IHS does not warrant that product or service descriptions and information on the Website are complete or free from error. IHS has no obligation to update the Website, and there is a possibility that Website Content may be out of date.

RIGHT OF REFUSAL

We reserve the right in our sole discretion to refuse access to our programs, or terminate your access to our courses, classes, programs and subscriptions, Website, e-mail communications, or any other method of communications related to our Programs or Services at any time without notice.

RESTRICTED RIGHTS & EXPORT CONTROLS

Government Use.  Any software or documentation that may be available on the Website are “commercial items” as defined in FAR 2.101. Therefore, in accordance with FAR 12.211 (Technical data) and FAR 12.212 (Computer software) and, for U.S. Department of Defense Customers, DFAR 252.227-7015 (Technical Data – Commercial Items) and DFAR 227.7202-3 (Rights in commercial computer software or computer software documentation), all U.S. government end users acquire the software and documentation with only those rights set forth herein.
Export Compliance.  You acknowledge and agree to comply with all U.S. laws, regulations, and requirements applicable to the export of U.S. origin products and technology.

DISCLAIMERS AND LIMITATION OF LIABILITY

Disclaimers of Liability; No Warranty.  THE WEBSITE MAY CONTAIN ERRORS AND DEFECTS OR MAY SUFFER INTERMITTENT DOWNTIME AND IS PROVIDED “AS IS”, “AS-AVAILABLE”, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, IHS AND ITS AFFILIATES, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY REFERRED TO AS “IHS” FOR THE PURPOSES OF THIS SECTION HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY; SATISFACTORY QUALITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT OF THIRD PARTY RIGHTS; THAT ACCESS TO OR OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED, VIRUS-FREE, OR ERROR FREE; THAT THE WEBSITE AND OUR SERVERS ARE SECURE; OR AS TO THE ACCURACY, RELIABILITY, QUALITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR PRODUCT PROVIDED ON OR THROUGH THE WEBSITE; AS WELL AS ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; PROVIDED THAT THIS SECTION SHALL NOT OPERATE TO EXCLUDE OR DISCLAIM THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE. USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF ANY FILES, INFORMATION, CONTENT, SERVICES, OR OTHER MATERIAL ACCESSED THROUGH OR OBTAINED BY MEANS OF THE WEBSITE.
Limitation of Liability.  IHS SHALL NOT BE LIABLE TO YOU FOR PERSONAL INJURY, OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OR INTERRUPTION OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL, OR LOST PROFITS) UNDER ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE, EVEN IF IHS HAS BEEN ADVISED OF THE RISK OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR WEBSITE CONTENT IS TO CEASE ALL OF YOUR USE OF THE WEBSITE.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions the above limitations and exclusions may not apply to you. In such states or jurisdictions, IHS’s liability is limited to the extent permitted by law, thereby minimizing IHS’s liability to you to the lowest amount permitted by applicable law.
Indemnification.  You agree to defend, indemnify, and hold us harmless for any loss, damages, or costs, including without limitation reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of or access to the Website or its products or services, your violation of any third party proprietary or other rights, or breach of these Terms of Use. You also agree to indemnify us for any loss, damages, or costs, including without limitation reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

Program Participation

By participating in an iDiet program, participants hereby confirm that they are undertaking the weight loss education and support program offered by Instinct Health Science LLC, (“IHS”) (“The iDiet Program”) at their own choosing and responsibility. Participants understand and acknowledge that their participation in The iDiet Program is entirely voluntary and you have not been compelled to participate in it.

Participants understand that The iDiet Program involves regular attendance at groups and some emails and/or telephone calls with program staff on issues concerning weight control. Participants must confirm that all information they provide in connection with their health and their participation in The iDiet Program is accurate. Participants understand that in the course of participating in group activities associated with The iDiet Program certain personal information (including sensitive information regarding health, medical conditions or lifestyle matters) may be shared by fellow group members. Participants agree that they will not disclose to any third party any personal information regarding any other participant in The iDiet Program. Participants also understand that IHS is not responsible for any disclosure of information made to any third party by any participant in The iDiet Program and hereby waive any and all claims against IHS and its affiliates, agents, representatives, employees, directors and stockholders (the “IHS Parties”) regarding the disclosure by any other participant in The iDiet Program of any personal, sensitive or confidential information pertaining to them. Participants also acknowledge that the materials provided to them in connection with participation in The iDiet Program are confidential and proprietary information of IHS. Participants must agree to hold such materials in confidence, will use of such materials only in connection with their participation in The iDiet Program and will not disclose such materials to third parties without the prior written permission of IHS.

Participants must understand and agree that no IHS Party is responsible for or will incur any liability with respect to, and I hereby waive any and all claims against any IHS Party related to, any health or medical conditions of the participants in The iDiet Program or of any third party.

Participants must understand they have the right to refuse to do anything IHS personnel or The iDiet Program Staff suggest for weight control and they may withdraw from The iDiet Program at any time. Participants should further understand that, subject to any terms to the contrary explicitly set forth in their application, no refund of any amounts paid with respect to their participation in The iDiet Program will be made to me if I withdraw from The iDiet Program.

Participants must confirm that no one on behalf of IHS or The iDiet Program has given them any guarantees about health or weight loss. Participants should understand they are responsible for obtaining the recommendation and consent of their physician that they are suitable to participate in The iDiet Program prior to participation. Participants understand that their ongoing health and medication use is not the responsibility of IHS or The iDiet Program or any of their respective agents or affiliates, and that participants are responsible for contacting their physician for medical supervision of all aspects of their health and for any necessary changes in medication use during and after weight loss.

In consideration for your participation in The iDiet Program you release and discharge Susan B. Roberts, Instinct Health Science, IHS and all persons and institutions associated with IHS or The iDiet Program from all claims, liabilities, damages or expenses of any kind which may arise at any time, now or in the future, in connection with your weight control efforts and participation in any program related to IHS or The iDiet, including but not limited to claims based on your health, psychology and wellbeing now or in the future.

Note:

iDiet programs are recommended for individuals with a BMI of 25 or above. Individuals with eating disorders should obtain their doctor’s approval before applying to these programs. Individuals with celiac disease or gluten intolerance can participate in a modified version of the iDiet program that avoids gluten-containing foods. Individuals with digestive problems should obtain the recommendation and consent of their physician before registering. Please ask us if you have concerns before completing your registration.

Subscription Programs

If paying by credit/debit card, you give IHS permission and authorization to automatically charge your credit or debit card as payment for your subscription. By enrolling, you give IHS permission and authorization to automatically charge your credit/debit card every thirty (30) days until canceled.

In the event that payment is not received by the date due, you will have a seven (7) day grace period to make the payment otherwise your subscription will not continue.  If you fail to make payment in a timely manner in accordance with these Terms and Conditions or voluntarily decide to withdraw from OnTrack Plus at any time or for any reason whatsoever, your access to OnTrack Plus materials and Forums will be revoked.

When you purchase a subscription, the information provided and obtained as part of the transaction, such as your credit card number and contact information, may be collected by both the third-party merchant and by us.  A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for the merchant’s independent policies.

You agree to be financially responsible for all purchases made by you.  You release us and our affiliates from any damages that you incur and agree not to assert any claims against us or them, arising from your purchase or use of our Programs or Services.

Subscription Refund Policy

Your satisfaction with your subscription is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing our Programs and Services, you acknowledge that we do not offer refunds for any portion of your subscription payment.

By using and/or purchasing any of our Subscription Programs and Services, you understand and agree that all sales are final and no refunds will be provided for any reason.  All of the terms of this Terms and Conditions, including but not limited to all copyright, trademark, and intellectual property rights, remain indefinitely.

OnTrack Plus Subscription Membership

Your initial membership payment of $49usd is non-refundable once you are sent initial confirmation.  Once this payment is processed, your subscription membership begins.  The membership payment of $49usd is automatically processed each month (30 days) thereafter until the membership is canceled.  To cancel your membership, contact info@theidiet.com at least 5 days before your next scheduled payment is due.

Part of your subscription is a private social network in which personal information may be exchanged between participants.  You are entirely responsible for deciding how much of your personal information you wish to share on the site or individually.  IHS will not share, sell, or rent the personal information of its members to third-party businesses, however, we cannot guarantee the confidentiality of any of the information you choose to share in the iDiet Community.  Please review our Privacy Policy to learn how we manage personal information.  By taking part in the iDiet Community, you agree to keep members’ information confidential.

Subscription Termination

We reserve the right in our sole discretion to refuse or terminate your access to our courses, classes, programs and subscriptions, Website, e-mail communications, or any other method of communications related to our Programs or Services at any time without notice.  Should you or we wish to terminate your subscription at any time, these termination terms will apply to you as well, even after termination by either of us.  In the event of cancellation or termination, you are no longer authorized to access subscription materials affected by such cancellation or termination.  The restrictions imposed on you with respect to OnTrack Plus, including but not limited to all of the disclaimers, limitations of liabilities and rights set forth in these Terms and Conditions, shall survive such termination of your access and apply in full force.

If you cancel or discontinue your OnTrack Plus subscription, you are welcome to return and re-subscribe, but you will be unable to register again for a period of Ninety (90) days.

GOVERNING LAW; DISPUTE RESOLUTION

Dispute Resolution Venue. You and IHS agree that we will first attempt to resolve any legal or equitable claim relating to these Terms of Use (referred to as a “Claim”) informally. Accordingly, neither of us may start a formal proceeding (except for Claims involving any violation of the federal trademark or copyright laws, or for injunctive relief) for at least 30 days after one of us notifies the other of a Claim in writing. You will send your notice to Instinct Health Science, 32 Pigeon Hill Rd, Weston, Ma 02493 United States. If we cannot resolve a Claim informally, you and IHS each agree to submit to personal jurisdiction in Massachusetts and agree that any and all Claims either of us asserts shall be exclusively brought in the appropriate Massachusetts or federal court in Massachusetts, provided that neither you nor IHS shall be precluded from filing a Claim in Massachusetts small claims court for disputes within the small claims court jurisdictional level.

Governing Law and Jurisdictional Issues.  These Terms of Use and your use of the Website are governed in all respects by the substantive laws of the Commonwealth of Massachusetts and of the United States of America. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. The Website is intended for and directed to residents of the United States and all information, advertising, and claims contained on the Website are valid in and applicable only to the United States.

MISCELLANEOUS

Suggestions and Feedback.  IHS welcomes feedback or inquiries about our products and services. If you elect to provide any feedback or comments of any nature to IHS, all of such feedback and comments shall be the sole and exclusive property of IHS, and IHS shall have the right to use such feedback in any manner and for any purpose in IHS’s discretion without remuneration, compensation, or attribution to you, provided that IHS is under no obligation to use such feedback.

Entire Agreement, Assignment, and Interpretation.  These Terms of Use, together with our Privacy Policy, form the complete and exclusive agreement between you and IHS, and they supersede all prior or contemporaneous, oral or written, proposals, understandings, representations, conditions, warranties, and all other communications between you and IHS. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by IHS without restriction. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage. The section headings used herein are for convenience only and shall not affect the interpretation of these Terms of Use. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Contact Us.  If you have any questions, comments, or concerns about these Terms of Use and/or the Website, please send an email to info@theidiet.com. However, please note that communications made through the Website’s email and messaging systems shall not be deemed to constitute legal notice to IHS or any of its officers, employees, agents, or representatives in any situation where notice to IHS is required by contract or any law or regulation.

You may provide notice to IHS at:
53 Westwood Rd, PO Box 283 Georges Mills, NH 03751

Instinct Health Science LLC, DBA iDiet

Last modified 1/24/2024