Terms and Conditions
1.1 Copyright © 2017 Never Stop Trying LLC. This copyright notice applies to the website: (a) https://www.christinacarlyle.com/ (b) is owned by Never Stop Trying LLC. 1.2 Copyright exists in the websites and includes and extends to all text, images, graphics, photographs, designs, logos, icons, videos, audios and recordings, words, phrases, proprietary pages and product names referred to and included in the websites unless otherwise obtained from a third party who may itself have its own copyright in that material. 1.3 Intellectual property means all our proprietary rights and interests including but not limited to all intellectual or industrial property whether registered, or unregistered, non existing or coming into existence in the future in connection with or related to or otherwise created, invented, designed or otherwise owned by us, as referred to in these terms and conditions as varied from time to time and without limitation includes copyright, trademarks, designs, patents, character names, writings, digital content, business names, inventions, ideas, symbols, artwork, confidential information and moral rights.
2.1 For the purposes of these terms and conditions in addition to paragraph 1 the following definitions apply: (a) Our, ourselves, us, we, refer to the Challenge, and its affiliates who for the purposes of these terms and conditions refers to any person or entity we directly or indirectly own, control or operate, currently or in the future and/or which has a controlling interest in us and/or is an entity who has the right to operate with or on behalf of ourselves; (b) Party refers to a party to these terms and conditions and it includes that party’s successors, administrators and assignors and where a party consists of more than person, then these terms and conditions bind them jointly and each of them severally; (c) You or yours refers to you, the person accessing the Plan through the website and agreeing to the terms and conditions of your use of the website and its contents; (d) license means these terms and conditions for use of this website and its contents; (e) Plan, program means any paid content; and (f)Registration means purchase made on the website, to access your Plan and/or Challenge; (g) Website means collectively the website http://www.ChristinaCarlyle.com, Forum, Plan, products and/or services offered or provided by or in the websites. (h) eBook means the PDF downloadable content that is part of the Plan.
- SCOPE OF LICENCE
3.1 By virtue of these terms and conditions, you are granted a non-exclusive, non-transferable, non-sub-licensable license to personally access and us, for non-commercial purposes, the Website and the services offered on the Website 3.2 You may not use the Licensed eBook on more than one computer system or device concurrently 3.3 Full-scale reproduction of eBook contents is expressly prohibited. 3.4 The term of this License shall be for a term of 5 years from the date of registration of your activation.
- USE OF WEBSITE
4.1 These terms and conditions govern your right to use the Website and your access to and use of the Plan, and/or any products or services acquired in relation to the Plan and/or the Website and/or any links provided on the Website to other websites. 4.2 In downloading any content from the Website to your computer, you do not receive any ownership rights to such content and by downloading any content you agree not to use the content for any unlawful purpose and you agree that your use of the Website is only for your personal use and not for any commercial or other use contrary to these Terms and Conditions and our legal rights in respect of the Website, and/or the Plan. 4.3 You agree that when you register, activate and download the plan or eBook(s) you will not reproduce, distribute in person, publish, republish, print, upload to any third party, post on any social media site or forum, or distribute or modify or otherwise deal with any content in the Website in whatever format, personally or otherwise, and/or provide it, or any part of it, to a third party that would otherwise infringe our intellectual property rights. 4.4You agree that in downloading any service or product from the Website, you will not rent, lease or lend it to a third party nor decompile, reverse engineer, modify or derive content from the Website and/or make it available over a network where it could be used by multiple devices at the same time. 4.5 You agree that your use of the Website will not violate any laws without limitation, including those governing competition, advertising, consumer protection laws, privacy, obscenity, spamming, stalking, intellectual property rights and/or defamation in the United States and when accessed in another jurisdiction the laws of that jurisdiction and United States law, so far as the laws are not inconsistent, in which case you agree to be bound by the laws for the United States in the state of Florida. 4.6 You agree that in using the Website, you will not post threatening, harassing, defamatory, obscene, offensive, hate mail or speech or facilitate others to commit such acts in whatever format. 4.7 You agree that you will not post comments about the Website, any of its content, its individual representatives, officers, directors, consultants and/or employees without the prior written consent of ourselves.
- YOUR AGREEMENT
5.1 In accessing the Website, including any and all webpages, the Plan and/or the services and products, information, text, and images offered or provided on the Website, you are deemed to have read and personally agreed to the Terms and Conditions.
6.1 You represent and warrant that you are at least 18 years old and will be responsible for completing all registration information. If you are accessing and using the Website or registering for access to the Plan or any of the Website’s services or products on behalf of a party who is not at least 18 years of age, then you are representing that you are that party’s legal guardian and you are responsible for that party’s compliance with these Terms and Conditions and you will indemnify us for any losses or damage that we suffer as a consequence of the party who is less than 18 years of age failing to comply with these Terms and Conditions. 6.2 Without limitation, the Website is available only to individuals that can form legally binding contracts under United States law. 6.3 We have the right to refuse to deal with you, at any time, at our sole discretion, including the suspension or termination of your registration, if we believe that you may or will bring our reputation, those individuals who represent us in the market place, our other users, and members into disrepute or otherwise will interfere with other parties’ rights to have reasonable use of and access to the Website or to the contents and components of the Website or are in any way in breach of these Terms and Conditions.
- WEBSITE MEMBERSHIP
7.1 You agree to provide accurate and truthful details about yourself for the purposes of your registration to the Website, for the Plan and/or inclusion in the Forum and we reserve the right to suspend or terminate your registration if we discover you have, at any time, provided inaccurate, incomplete or misleading personal information. 7.2 Once you register on the Website, you will be given access to a “Clients only” email subscription and Forum access on the Website. 7.3 Access to the information provided through email subscription and the Forum is for your sole use only. 7.4 Any password you to obtain access to the Product’s email subscription, and the contents of your Produce use of either the email subscription or Forum, is non-transferrable to any third party. 7.5 We reserve the right, at our sole discretion, to terminate your access to the “Clients only” email subscription or Forum if, in our opinion, you have failed to comply with any of the provisions of these Terms and Conditions.
- SOCIAL MEDIUM FORUM GUIDELINES
8.1 You acknowledge that Social Media Forum membership provides for public communications. 8.2 To become a Challenge member you agree to provide truthful, accurate personal details about yourself as required by the Contest Rules found here. 8.3 Only positive and supportive purposes and not post or comment negatively or in terms that could or might be offensive to other Challenge Members, either on the Website, the Plan, the Social Media Forum and/or the individuals representing the Website and/or their employees. 8.4 You will not use the Social Media Forum: (a) for any unlawful, disrespectful, harmful, threatening, abusive or otherwise objectionable purpose; (b) to incite others to conduct the activities described in sub-paragraph (c) to interfere with the lawful and reasonable use of the Forum by others; and (d) to attempt to directly or indirectly, allow or facilitate a third party to enter the Forum through your registration.
9.1 In purchasing any plan, product or services from the Website (“the Purchase”) you agree to: (a) pay using a valid credit card (or other form of payment as we may allow); (b) provide us with current and complete information as detailed in the purchase order form including full legal name, street address, telephone number, email address, credit card details and billing information as required and without limiting any of our rights and remedies if we discover or believe that any information provided by you is inaccurate or incomplete, we reserve the right to refuse to continue with your Purchase, or put on hold or terminate your access to the website, the Plan or any of the services or products provided by us at any stage at our sole discretion and you forfeit any right to a refund of any payment made by you for the Purchase; (c) pay all costs, fees, charges, applicable taxes and other charges as may be incurred in respect of the Purchase (“the costs”); and (d) all costs are in American dollars (USD) unless otherwise indicated.
10.1 Title in the Purchase will pass to you on receipt of full payment from you or when you receive the Purchase, whichever happens later. 10.2 Risk of loss or damage to the Purchase will pass to you when we provide the Purchase to a third party for delivery of it to you and we provide no estimate as to time of delivery and you agree that time is not of the essence with respect to delivery. 10.3 Where we send you the Purchase by email delivery, and you claim that you have not received such delivery, then you must contact our Billing Department email at CC @ ChristinaCarlyle.com within 7 days of the date by which you placed the order for the Purchase for us to investigate your claim.
- WARRANTY/REFUND POLICY
11.1 Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, due to the nature of the Plan and/or the products and services offered by the Website, and as we make no representations to you in respect of your use of the Plan and/or the products or services offered by the Website, we provide no warranty as to any results or outcomes associated with using the Program, nor in respect of any use of the products or services offered by the Website. 11.2 You expressly acknowledge that your use of the Website, Plan, Programs and/or services at your sole risk. 11.3 At our sole discretion, all requests for refunds will be considered on a case by case basis. We reserve the right to request progress tracking data, which is required for support – to prove program participation. Failure to provide progress photos, changes in weight and measurements will result in the denial of refund. Proof or participation (tracking data), requests for support, and login history will be considered to determine participation and refund eligibility. We reserve the right to either provide you with a refund or refuse your request for one, at our discretion. No refunds will be given because a program refuses to participate in a program. Refunds for Medical exemptions will be made on a case by case basis and may require proof, such as a doctor’s note. 11.4 To request a refund email CC @ ChristinaCarlyle.com for further instructions on how to submit a refund request. No refunds will be made if a program participant doesn’t cancel before their renewal date.
- LIMITATION OF LIABILITY
12.1 Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.
- OUR RIGHTS TO MODIFY SERVICES
13.1 You acknowledge that we are entitled at any time, to change, modify, vary, delete or otherwise deal with the website and/or the Terms and Conditions, as we see fit. 13.2 We will publish any intended changes on the website and you will be deemed to have accepted such changes when you first access the Website following our publication of the notice of change on the Website.
14.1 These Terms and Conditions are governed by the laws of Florida in the United States. You agree to the non-exclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts.
15.1 You agree to indemnify us to the full extent needed from any and all third party claims, liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that we may incur or suffer as a result of your improper or illegal use of the Website and/or from your breach of any of the Terms and Conditions and/or any facilitation or support by you of a third party causing any loss or damage to us. 15.2 You are liable for all content posted by you on the Forum. 15.3 You are required to exercise due care to conform to any United States laws relating to publication, broadcasting, media controls, advertising standards and social media legal considerations, as they may arise or be applied to you in respect of any content you post on the Forum or in relation to the Website or that by your actions of conduct. 15.4 You agree to indemnify us for any claims, losses, liabilities, costs or expenses (“losses”) incurred by us you may cause, or contribute to such losses.
16.1 We will use our best endeavors to protect your privacy as provided by you with respect to your personal information and by your provision of your personal information as referred to in these Terms and Conditions, you have expressly agreed to our collection, use and retention of your personal information. 16.2 We will manage your personal information in accordance with the requirements of United States laws. 16.3 We will use our best endeavors to ensure your personal information is not accessed illegally or without authorization but we cannot guarantee that our systems will or can be free from third party interference or be interrupted and so we do not warranty the security or privacy of your personal information including payment and/or account details and you acknowledge that when you provide us with any personal information including photos, you are doing so at your own risk.
17.1 We are not a medical organization and we do not and cannot give or purport to give you any medical advice or assistance in whatever form. Nothing in the Website or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs. You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the Website and/or participate in the Plan and/or its products and services. We encourage you to seek appropriate medical advice or assistance before embarking on any use of the Website, the Plan and/or its products or services. You agree that neither we, nor any of our affiliates, service providers and/or suppliers, warrant or make any representation about the contents, products, services or offers referred to in the Website, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers and your use of the Website, the Plan or its products and services, is at your sole risk.
18.1 To enter a Challenge entrants must complete all requirements as listed on the website and entries must be received by Christina Carlyle by the specified closing date. Specific dates and times will be provided for each challenge. 18.2 The winner may be required to take part in promotional activity related to the Prize Draw and the winner shall participate in such activity on our reasonable request. The winner consents to the use by us and its related companies, both before and after the closing date of the Prize Draw for an unlimited time, of the winner’s voice, image, photograph and name for publicity purposes (in any medium, including still photographs and films, and on the internet, including any websites hosted by us and our related companies) and in advertising, marketing or promotional material without additional compensation or prior notice and, in entering the Prize Draw, all entrants consent to the same. 18.3 The judges’ decision is final and binding. As such, no correspondence will be entered into. 18.4 We accept no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by you as a result of entering our competitions or accepting the prize. If any prize is unavailable, for whatever reason, the Promoter reserves the right to substitute the prize for a prize of equal or greater value. 18.5 Each entrant’s personal information (“PI”) is collected to enable the Promoter to administer and promote this Competition and the winner. The PI of winners may be provided to third parties who are assisting the Promoter, including prize suppliers, deliverers, and authorities that regulate competitions. Entrants who fail to provide all requested PI, may be determined by the Promoter, at its sole discretion to be ineligible to win a prize. Errors and omissions may be accepted at the Promoter’s discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. 18.6 The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these conditions, or engaged in any unlawful or other improper misconduct calculated to jeopardize the fair and proper conduct of the competition. The Promoters legal rights to recover damages or other compensation from such an offender are reserved. 18.7 All prizes are in US Dollars (USD) – all prizes will be delivered via Paypal. Winners are responsible for any transaction fees incurred during transferring funds to the winner. 18.8 Challenge Entry and Prizes are only available to current members of the current round. If past challenge members are rejoining they must use a current photo for their before shots and not use a before photo from previous rounds. 18.9 Challengers must submit before and after pictures to qualify themselves for the challenge. Specific instructions for taking before and after pictures – and how to submit said pictures, will be provided after you register for plan or challenge. All photos submitted for challenges are subject to this site’s photo policy.
(a) Entire agreement These Terms and Conditions form the entire agreement between you and I in relation to the website and your use of it. (b) Waiver Any failure or delay on our part to exercise a power or right we have under these Terms and Conditions (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date. (c) Competition and Program start dates may vary and are at the discretion of the website owner.
- TESTIMONIALS AND PHOTOS
I reserve the right to use all testimonial photos and messages sent to www.ChristinaCarlyle.com or any of its email addresses that depict/describe/contain results or feedback with regards to the program used/purchase, for marketing promotional purposes related to the paid product or service they pertain to. All photos submitted for challenges or feedback about progress are subject to this site’s photo policy. All photos on ChristinaCarlyle.com came directly from the person the person that sent said photo. Please note, often times photos are requested for proof of results for programs, program feedback and/or other promotional contests and campaigns. All photos on ChristinaCarlyle.com are assumed to be from the person who sent them. Graphic design for images found on ChristinaCarlyle.com are outsourced to graphic artists on an as needed basis. Photos are used to demonstrate the potential progress that could be expected that’s specific to the content (blog posts/videos) created for educational and demonstration purposes on this site. Per our instruction, graphic artists are approved to use non-copyrighted images for the graphics they create on our behalf as materials as long it’s applicable to the free and promotional content being created. No compensation is taken from non-copyrighted images as they are NOT used or approved for use to promote any of my paid programs or services. If any of your copyrighted intellectual property is found on this site. Please contact CC @ ChristinaCarlyle.com immediately with proof of your IP and the photos will be removed immediately.
21. REOCCURING FEES
All of the programs offered on ChristinaCarlyle.com are designed to be repeated for perpetuity. Christina Carlyle also offers direct 1 on 1 support to program participants. Because of this programs are charged on a re-occuring annual basis unless otherwise stated. All program participants will have access to their programs for the duration set in the terms. The participant can cancel their subscription at any time through their program dashboard. Instructions about how to cancel are sent immediately after purchase. A renewal reminder will be sent 30 days prior to being charged again. Failure to cancel before the renewal date will result in being charged according to the terms of your program.