Terms, Conditions and
Disclaimer
This disclaimer was last updated on June 1, 2010
PLEASE READ THESE TERMS, CONDITIONS
AND DISCLAIMER CAREFULLY BEFORE USING THIS WEBSITE. USE OF THIS WEBSITE
INDICATES YOU ACCEPT THE TERMS, CONDITIONS AND DISCLAIMER. IF YOU DO NOT
ACCEPT THIS, PLEASE DO NOT USE THIS WEBSITE.
This website, the manufacturer or
the distributor, both jointly and individually (“The Website”) are marketing the
diet on the Website (“The Diet”) for sale under the following terms and on these
terms alone. The diet is not to be purchased or used without full acceptance of
these regulations. The very use of the Website constitutes an
unconditional agreement to these regulations.
You agree that the use of this
Website is at your sole risk. Neither we, nor any of our officers,
directors, employees, agents, third party content providers, merchants,
sponsors, licensors, or affiliates warrants that the Website will be error free
or uninterrupted. Nor is there a warranty for the results that may be
obtained from the use of this Website, or as to the accuracy, reliability or
currency of any content, service or merchandise on this Website.
We may make changes to the Website,
these Terms, Conditions and Disclaimer or the policies and conditions that
govern the use of the Website at any time without notice. We encourage you to
review the Site and these terms periodically for any updates or changes. Your
one time or continued access to or the use of the Site shall be deemed as your
acceptance of these changes and the reasonableness of these standards for
noticing changes.
General:
The use of the masculine form is
made for the sake of convenience only and the provisions of these Terms,
Conditions and Disclaimer refer to both men and women. All that make contact via
the phone number or electronic mail provided in the Website and/or carry out a
purchase (“the Customer”), state that they agree to these terms and conditions.
The Diet is intended for healthy
persons in general and is not suited at all for those with sensitivity to barley
or a high sensitivity to dietary fibers. In case of any doubt, it is recommended
that a physician be advised and informed that the diet components are: Xanthan, Guar Gum, Maltodextrin, Dextrose, Beta Glucan,
Vitamins B-6, B-12, C & Zinc or alternatively the probiotic components Inulin
and Oligofructose.
The Customer agrees to make proper
use of The Diet according to the instructions of use which appear and are
updated on The Website, in order to maximize the high percentage of success of
the Diet.
The Diet is manufactured in an FDA
regulated facility in accordance with Florida regulations and carries the GMP
seal of approval. The Customer is required to print and save the form of
these Terms, Conditions and Disclaimer immediately upon carrying out the order.
Declaration, Purchase Agreement and
Exceptions:
The Customer hereby affirms that any
orders carried out are to be done after reading and understanding the daily mode
of use of the Diet. Additionally, the Customer affirms that he has read
and examined all the components of the Diet and that they are compatible with
his health and his daily and regular usability. The act of purchase constitutes
a commitment agreement whether if the order was carried out via the Website or
via the phone number provided on the Website. All communications, order
requests, service request, etc are based on the regulations and instructions as
stated on the Site.
Updated Website Instructions:
The Customer commits to make use of
the Diet according to that which is stated in the instructions and which is
updated on the Website. These instructions will be considered as the most
current and accurate, even to the exclusion of any other printed material,
including labels printed on the Diet package. All communications, order
requests, service request, etc are based on the regulations and instructions as
stated on the Site.
Drinking Plenty of Fluids:
The Customer understands that this
is one of the most potent diets in the world, which requires drinking larger
than normal quantities of liquids, otherwise dehydration may occur, which may
also lead to headaches. In extreme cases, additional complications may develop.
As such, the Customer must make sure to drink large
quantities of liquids (3 glasses of water immediately after each dose of the
Diet, 6-8 additional glasses of water throughout the day for each dose of the
Diet). It is emphasized that given the Diet’s strength, the Customer is solely
responsible for drinking adequate amounts of liquids according to bodily needs
and with reactions changing in real time. Furthermore, the Customer understands
that the Diet will not work for him without drinking large quantities of
liquids.
Diet Success:
The expansion action of the active
ingredients within the stomach is physical and conditional upon drinking plenty
of liquids. Despite the Diet being a physical aid (which is intended to decrease
stomach volume), the Customer hereby commits to avoid consuming calorie-rich
foods with the remainder of the stomach volume, so as to avoid expanding the
stomach via additional forced consumption. The Diet will assist so long as the
diet process depends upon appetite and not invalid psychological reasons (such
as depression, boredom, sadness, etc).
Personal Dosage:
The Customer hereby agrees that by
the very act of purchasing the Diet, he is aware that prior to its' regular use,
he must carry out personal trials to determine the appropriate dosage fitting
his body, which will aid in achieving a lack of appetite at a level, quantity
and duration that he wishes. The Customer is the one that determines the
level and duration of the lack of appetite according to individual will and
physical ability.
Waiver
of Liability:
A person unable to meet these terms
and conditions should not purchase this Diet. Since the Customer understands and
is aware that he is required to drink large quantities of liquids in order to
achieve maximum results (reduction of stomach capacity to 20%). No claim
and/or complaint will be accepted regarding the lack of success of the Diet, in
creating a lack of appetite. The announcement/writing/publication of any
such or other claim in any media will constitute a breach of agreement, to which
the Customer entered willingly and with full knowledge of the components of the
Diet and its properties. As such, any claim as aforementioned will constitute
slander and/or libel, and all remedies will be pursued accordingly.
Full Disclosure:
The Diet is categorized as a “food
additive” according to the definitions of the FDA and is approved for use
without requiring any medical permission. The Website is not a medical
organization or institute and the Website staff does not provide its users with
any form of medical diagnosis or consultation. None of the written contents
within any service or product offered within the Website are to be considered as
constituting nutritional, athletic or medical diagnosis or advice of any kind.
Any information or report of any kind produced or sent by the Website, following
the receipt of details by the Customer, is not to be considered as or substitute
for any nutritional, athletic, cosmetic or medical advice, diagnosis or
evaluation or any medical treatment of any kind. Any and all use of the Website
or relying on the information within it will be done with the full and exclusive
responsibility of the Customer and the information within the Website should be
viewed solely as informative data, which does not replace personal medical
advice. Medical information
changes constantly and the information on this Website may have become out of
date.
The Customer is aware of the fact
that the Diet is intended for generally healthy persons and is not suitable for
those with any sensitivity to barley.
General Advice Only:
The verbal answers provided by order
representatives (whether on the telephone or via electronic mail, or otherwise)
are general and are neither medical nor personal. The representatives are not
doctors and any verbal opinion or statement which may be understood as
professional or medical advice or consultation, with the exceptions of those
relating to the Diet, its components and its properties, are void in advance.
The decisive information is that which is stated solely on the Website. Any
personal or medical question and/or requests for medical advice as such, which
may be considered by the Website representative as personal-medical, will not be
answered. Should an answer be constituted as a medical answer including medical
advice is provided, it should be viewed as void with all that it implies.
Despite the fact that the Diet consists of only 100% natural ingredients, it is
always advisable to consult a personal physician. The Customer is obligated to
show caution when using the Diet and consult a physician prior to purchase,
while directing the physician to the Website so as to examine the details of the
ingredients.
Concurrent Use of Medication:
The Website should not be relied
upon under any circumstances for receiving instructions about the use,
combination, or cessation of use of personal medication.
The Order:
After the Customer has read the
Terms, Conditions and Disclaimer and filled out the required order form or
contacted the central phone service order department, a representative of the
Order Department will contact him to verify and confirm the details of the
delivery. Questions directed to any sales representative will be answered in a
manner not qualifying as medical or personal. A customer who will receive, or
thought to have received, a personal medical answer or reference, shall ignore
it or view it as nothing more than a “sales” answer provided by a sales
representative. Representative answers do not qualify as a substitute to
those which are stated within the Website, these Terms and Conditions or any
medical advice. If the Customer provides incorrect identification details while
carrying out the order, we cannot guarantee that the products will reach him.
The customer must make sure to fill out/provide updated and precise details.
Providing false personal details is strictly prohibited.
Cancellation of credit card transactions prior to
receiving the package will result in a 10% restocking fee and shipping costs. COD payments are also accepted at the time of
delivery. Pursuant to Florida law, checks which are not honored for any
reason will involve a customer charge of $25-40, or 5% of the amount of the
check, whichever is greater. In addition, should legal and/or
collection proceedings need to be instituted regarding returned or cancelled
checks, the Customer will pay an additional $250, plus filing fees, per check
for legal expenses.
Invoices are sent directly to
the electronic mail boxes supplied by the Customer each night and it is the
Customers' responsibility to provide an active email account.
Service Admission Hours:
After placing the order on the Site,
the handling of the order goes to the Service department, which operates only
via the Website on the Service page. The dedicated professionals who
respond to inquiries understand the importance of providing accurate, timely and
detailed responses. Therefore, all communication between Customers and the
service department will be via electronic mail, which will allow the service
professional time to research the issue and provide an appropriate response.
Also, because the response might be lengthy, written communication will allow
the customer to review and revisit the response throughout the procedure.
This will also help to ensure the success of
the Diet. Answers to inquiries are normally given within a few hours, but
no later than then end of the business day, or if inquiries are made on a non
business day, by the end of the next business day.
All of these terms and conditions regarding the
service department also apply in the event you choose to purchase service only.
Shipping and Delivery Times:
Orders placed are shipped by the
next business day. Orders are shipped via UPS 2nd day service.
Once your order has been submitted, NO changes can be made. At peak times,
shipment times may take 1-2 days longer than usual.
Please note that time frames of the
Post Office or any other delivery service/company cannot be monitored by the
Website and are not under its control and the Customer hereby declares that he
will have no claim against the Website due to delivery disruptions. Should
the sale of the Diet be delayed or prevented in full or part, and/or its
delivery on predetermined dates, for any reason that may be of any kind due to
elements and/or events which are not under the control of the Website owners
and/or its operators and/or if malfunctions to computers and/or phone systems
and/or any other form of communication damage the completion of the purchasing
process, this or other, in all its different forms and/or if due to hostile
action and/or due to hacker activity and other forms of fraud and/or any
other act of god which will prevent and/or damage the process of purchasing the
Diet and/or if any changes occur regarding taxation rates and/or permits which
apply to the Diet between the date of advertisement and/or the service and
between the date of delivery planned according to the terms of the purchase of
the diet and/or the service, the Website may notify of the cancellation of the
purchase, all or in part and cancel the billing and therefore the client will
have no claim and/or demand as such.
Merchandise Return Policy
In accordance with the provisions of
the consumer law of the state of Florida, a diet package can be returned within
a closed delivery package so long as it has not been opened in any way, as
stated explicitly on the package itself. The product cannot be sampled, as the
base composition of the Diet has already been proven as effective in eliminating
hunger. It is emphasized that according to the regulations set in place in most
pharmacies, there is no possibility for repeated use of the Diet and as such
there is no possibility of return of any food/health product of any kind or
receiving a monetary refund after the products’ exterior package has been
opened, as is also explicitly stated on the product package itself.
Should a customer choose to return
an unopened package, the refund allowed will be limited only to the cost of the
Diet product and the unused portion of the Diet process/service.
Therefore, a refund will be issued for the cost of the unused/unopened Diet
product and the unused portion of the Diet process/service. The Customer
will still be responsible for the cost of the initial consultation, shipping
charges and return shipping charges.
Responsibility:
Use of the Diet should be made
according to the instructions of use written on the Website. The Website is not
accountable for failing to follow the instructions of the terms and regulations
to the letter and/or any unusual use. The service provided on the Website is
given for regular use and is not intended as personal medical advice. The
Customer will not have any claim, allegation and/or demand towards the Website
and/or the manufacturer and/or the producers due to the qualities of the
service, its abilities, limitations or suitability to the needs and demands of
the Customer. The Website is not responsible for the content of other websites
advertised on the Website or which may be linked within it or for any
advertisement or information which appears on the Website regarding these
websites and also does not commit to the functionality and/or authenticity of
the content of these websites. The Website limits its responsibility to the fact
that the diet expands in the stomach and results in a significant or near total
lack of hunger for a period of several hours, with all according to the
Customers’ use. The Website is not responsible for the measure of weight loss
accompanying the lack of hunger process, as the possibility that the chances of
the diet’s success be sabotaged by lesser consumption, but of calorie rich foods
and/or eating stemming from complications or psychological reasons (which the
Website cannot control) lies entirely in the hands of the Customer.
Limitation of Liability:
You acknowledge your use of this
Website is at your sole risk and that you assume full responsibility for all the
risks associated with any of your use of this Website. We do not make any
warranty as to the results from using the Website, its content, its information,
its service, products it provides. The Website is provided on an "as is", "as
available" basis. No oral or written information given by us, our affiliates or
the like creates any warranty.
In no event shall the Website or any
information provider be liable for any incidental, consequential, punitive or
special damages, direct or indirect that may result form the use of or inability
to use the Website, its services or products. _________ Liability shall not
exceed the fees paid by the user for the specific information, services or
products provided.
FDA Warning
Statements about products and health
conditions have not been evaluated by the US Food & Drug Administration and are
not intended to diagnose, treat, cure or prevent and disease.
Advertisement:
The diet is not associated with any
insurance carrier or HMO. The discount is provided as a marketing process to
benefit certain population groups (similar to HMO discounts to federal
employees). Testimonies of satisfied customers are authentic and represent only
those that are willing to portray their satisfaction. The pictures presented on
the Website are for illustration purposes only (as in newspapers for example)
and their primary goal is the illustration of the weight loss potential.
As such, these are additional psychological components to assist the Customer in
achieving their weight loss goals. The Website will not make use of the
customers’ personal details under any circumstance, with the exception of
registration and delivery purposes. The privacy policy applies to the personal
details provided by customers during the process of browsing the Website,
including completing the order details.
Legal Jurisdiction:
These Terms and Conditions will be governed by and
construed in accordance with the laws of the State of Florida, without giving
effect to any principles of conflicts of laws. Any action seeking legal or
equitable relief arising out of or relating to this Website will be brought only
in the federal or state courts of the State of Florida. A printed version
of these Terms, Conditions and Disclaimer will be admissible in judicial and
administrative proceedings based upon or relating to these Terms, Conditions and
Disclaimer to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed
form. The Customer
agrees and commits to undergo polygraph and psychological testing for any legal
scenario, to confirm the validity and compatibility of the use of this Diet. A
Customer that does not agree to this is requested not to purchase the product.