LosingWeight.org Terms of Use

By accessing the LosingWeight.org website, online courses, digital products, or coaching services (herein referred to as the “Service”) or making a purchase of any product or service provided by DCTS Corp. doing business as LosingWeight.org (herein referred to as the “Company”), you (herein referred to as the “User”) are agreeing to be bound by the following terms and conditions (herein referred to as the “Terms of Use”).

Violation of any of the terms listed below may result in immediate termination of User account and may subject User to legal liability.

Terms of Use - General Terms and Conditions

User agrees not to copy, duplicate, reproduce, sell, or resell Company content accessible via the Service or online course area of site without the express written permission of Company.
User agrees not to give unauthorized third parties access to their Service user account, online course content, or administrative areas of account.
User agrees not to scrape Company content.
User agrees not to take any action to exceed their assigned access level as it relates to any part of the Service or online course access.
User agrees not to modify, hack, or reproduce any part of the Service in an effort to falsely imply that such modification/reproduction is associated with the actual Service, Company, or its affiliates.
Company reserves the right to access administrative areas associated with your Service at any time for any reason including but not limited to the purposes of general maintenance, administrative work, trouble-shooting, upgrades, downgrades and/or custom work.
Technical support is available via email for all paying customers.
Use of the Service (including coaching and online course content) is at your own risk. The Service is available on an ‘as is’ and ‘as available’ basis. Company disclaims all terms, conditions, representations, guarantees, and warranties (express, implied, statutory and otherwise), in respect to the Service including those of merchantability, title, non-infringement, quality and fitness for any particular use.
Any verbal abuse, physical abuse, threats of retaliation, libelous or slanderous statements directed towards Company or person(s) associated with Company will not be tolerated and will result in immediate termination of User account without refund. Company reserves the right to pursue legal action against any User who makes slanderous or libelous statements about Company, persons associated with Company, or other services provided by Company.
Company reserves the right, at its sole discretion, to remove any content deemed offensive, unlawful, obscene, threatening, libelous, defamatory, pornographic or otherwise. This includes content that violates other sections of this Terms of Use or anything else that is questionable or violates any party’s intellectual property rights.
User agrees to relieve Company and any other Third Party Partners, code providers, or data providers from any legal liability arising from problems associated with Service.
User acknowledges that eCommerce code and payment gateways (such as Stripe) is not maintained by company. In the event of a problem with eCommerce functionality or payment gateways, Company will notify the party responsible for the functionality in question and will work to resolve any problems as quickly as possible.
User acknowledges that the processing and transmission of data in connection with Service and any User generated content may take place unencrypted and over various third-party networks.
While every effort has been made to safeguard and backup User data, User agrees not to hold Company liable for any loss or breach of data associated with User account.
User will not attempt to gain access to administrative areas, features, or other User accounts for which User is not specifically authorized to access.
In the event of a dispute that cannot be settled between User and Company, User agrees to settle dispute by way of arbitration and hereby relinquishes the right to sue or file a lawsuit against Company or participate in a class-action lawsuit against Company. Arbitration shall take place in Blount County Tennessee, by an arbitrator located in Blount County Tennessee.
Company does not warrant that (a.) the Service will meet your specific needs, (b.) that the Service, courses, content, and coaching services will be error-free, uninterrupted, timely or entirely secure, (c.) that the Service, courses, coaching and Company-provided content will meet your individual expectations, (d.) that you have any specific health, fitness, or weight-loss results by using the Service or any of our products, or (e.) that suggested improvements, upgrades or error-fixes to the Service will be implemented.
User understands and agrees that Company will not he held liable for any direct, indirect, special, incidental, consequential or exemplary damages that arise from use of Service (regardless of whether company has been advised of the potential of such damages). Such damages include but are not limited to: loss of income, health, goodwill, consumer sentiment, data or any other tangible or intangible losses. This includes losses that are a result of (a.) use of Service, or inability to use/access Service, (b.) the actions of any third-party, (c.) the actions/availability of features that rely on a 3rd party or Company vendor, (d.) the costs of procuring substitute products or services as a result of an interruption in Service, (e.) unauthorized access, modification or deletion of Service or personal data, (f.) the actions and statements made by any third party accessing the Service, and (g.) any other matter(s) relating to the Service.
In the event that Company becomes liable to User despite the above limitations, Company liability will be limited to the fees that User paid for the use of Service in the six months prior to the event that caused the liability. At no time will company liability include costs paid by User to cover User legal consultative fees or fees paid to Company for coaching services or consultative services.
User must not use the Service for any illegal, unethical or unauthorized purposes. User must not use the Service to violate any federal, state, or local laws.
User assumes full legal responsibility for all messages and communications initiated through use of Service including phone, email, Facebook messages, Facebook Messenger messages, and SMS text messages. By signing up and/or using the Service, User acknowledges their awareness and familiarity with laws concerning email communication and spam. User agrees not to send spam or transmit unsolicited messages from Service. User also agrees not to modify emails that could be constituted as spam in such a way that would make it look like they originated from the Service, even though they did not. Company reserves the right to immediately discontinue service without providing a refund for any User who violates this clause or is accused/suspected of sending spam email or SMS communications.
User will not upload any viruses, malicious code, or tracking software to Service, nor will User send malicious code from Service, or induce others to download, transmit or click on links that are associated with malicious code. Any violation of this clause will result in immediate termination of User Service and/or Digital Products without a refund and may result in legal action against User.
User must be a real person. User must not be a ‘bot’ or computer program, nor can User grant an unauthorized ‘bot’ or unauthorized person access to Service or User administrative areas.
User is responsible and assumes complete legal liability and financial responsibility for all content posted by User on Service regardless of where the communication is posted or originated. This includes content posted by User, User representatives, and Company.
Failure of Company to exercise or enforce any right or provision contained in this Terms of Use does not constitute a waiver or such rights or provisions. The Terms of Use, in conjunction with the Privacy Policy, constitutes the entire agreement between User and Company and governs your use of Service.
Company reserves the right to advertise and/or display any content associated with Service and User's publicly uploaded content at any time. This includes featuring an image or link to content associated with User via our website or any other media format selected by Company.
User does not own the Service, code, or rights to record, transmit, or rebroadcast any aspects of Company online courses or coaching services. The Service, website, features, and all User-submitted content are owned exclusively by Company. User's payment of coaching fees and online course access are exclusively for the use of the product or Service for the time-period that User's account is paid for and in good standing and no transfer of ownership for these services ever takes place.
Login information (usernames, passwords, and login URL’s) associated with the administrative areas of User account will be limited to User and User Authorized Representatives that are approved by Company. This includes access to any other administrative areas User may have access to in association with the Company Service or affiliate program.
User grants Company, its parent company DCTS Corp., Third-Party Partners, and affiliate companies the right to contact User via email, telephone, mail, SMS, Facebook, Facebook Messenger, and any other medium about the Service or additional products that Company thinks may be of interest to User, regardless of whether User is registered with any national, state or local do-not-call or do-not-mail lists.
If any item in this Terms of Use conflicts with another (or any other Company document, policy or agreement), Company will have sole discretion to interpret said conflict and decide which of the conflicting items will prevail.
If any provision of this Agreement is found to be illegal, invalid or unenforceable, such provision will be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the validity, legality and enforceability of the remaining provisions will not be affected or impaired, unless continued enforcement of the provisions frustrates the intent of Company. No delay or failure by Company in exercising any right under this Terms of Use, and no partial or single exercise of that right, will constitute a waiver of that or any other right. Failure to enforce any right under this Terms of Use will not be deemed a waiver of future enforcement of that or any other right.
By using the Service, User agrees to the terms contained in the LosingWeight.org Privacy Policy.

Terms of Use - Payment, Refunds, Service Upgrades, Service Downgrades and Non-Payment

Under no circumstance are the following User fees or expenses refundable: fees paid for coaching or consultative services, fees paid for access to online courses or other digital products.
A valid credit card is required for making a purchase and for ongoing payment of coaching services or online course access.
No refunds, credits or prorations will be given for partial months of online course use or unused coaching time or consultation time. If you miss a coaching appointment you are forfeiting the fees paid for that coaching appointment and are not entitled to an alternate make-up coaching time.
User must provide their real full name, a valid email address and any other information or documentation required to use the Service.
Fees for any product or service are exclusive of all taxes (except State of Tennessee sales tax), duties or levies imposed by taxing authorities. User is responsible for payment of any required taxes, duties, or levies that may arise.
Sales tax is applicable to the Service in the State of Tennessee. Company will collect State of Tennessee sales tax for transactions completed by Users who indicate they live in the State of Tennessee during the checkout process. User assumes full responsibility for paying any additional federal, state, or local sales and/or use taxes that may become due as a result of new or pending legislation.
Prices are subject to change without notice.
When upgrading or downgrading your User account in relation to available options, the annual fee charged to the credit card you provided will change to reflect the new rate associated with your account.
For any upgrade in Service or coaching packages, we reserve the right to charge your credit card an additional one-time fee to make up for the difference in pricing between the old fee and the new fee for the period in which the Service or coaching upgrade takes place. Prorations will be made at the sole discretion of Company.
A downgrade in User access to Service may result in the loss of features and content associated with User's access to Service.
Company reserves the right to immediately deactivate your access to Service in the event that the credit card associated with your account is denied when payment processor attempts to charge your account.
Company reserves the right to permanently delete all data, content, and administrative settings associated with User accounts that have gone unpaid for 10+ calendar days. Company does not assume any liability for any such losses.

Terms of Use - Cancellation and Termination of Service

You have the right to cancel your access to Service at any time. In order for the cancellation to take affect, you must send an email to [email protected] requesting that your account be deactivated.
All online course access, digital products, consulting fees, and coaching fees are non-refundable.
If you cancel your subscription before the renewal date, your cancellation will take effect immediately and you will not be charged again or be eligible for a refund of any amount.
Company retains the right to suspend or terminate your access to Service, and all current or future use of Service at any time for any violation of this LosingWeight.org Terms of Use. Such termination could result in a deletion of your content and a forfeiture of all access to content associated with your account including unused coaching services and access to digital products and online courses. Company reserves the right to refuse service to anyone at any time, for any reason.

Terms of Use - Service Modifications

Company reserves the right to modify and/or discontinue the Service at any time for any reason with or without notice.
Features that are advertised and available at the time of sign-up may be modified or discontinued at any time.
Company will not be held liable to User or any other Third Parties for any price change, modification, suspension or discontinuation of any Company Service, online courses that are offered at time of purchase, or coaching services.
Company retains the right to test features, modifications, and possible upgrades associated with your account without notice or permission at any time.

Terms of Use - Content Ownership and Copyright

User is solely responsible for all content displayed in association with User's account and User agrees to assume full legal and financial responsibility for all content displayed or associated with User's account.
User agrees not to commit copyright or trademark infringement by posting, displaying, sharing, or linking to content that User does not own or have explicit permission to reproduce.
User acknowledges there is not a way to prevent 3rd parties from sharing content that appears on the public or private portion of Service, and thus grants third parties the right to share User content while also relieving Company of any legal or financial liability that may arise.
While Company does not prescreen all content that User publishes on the Service, Company reserves the right to remove or refuse any content deemed unacceptable at any time for any reason.
The look, feel and functionality of the Service is copyright LosingWeight.org and DCTS Corp. (all rights reserved) and any respective authors whose products may be involved. You may not copy, duplicate, reuse, hack, or make public any portions of the HTML, CSS, JavaScript, PHP, Python, Service configurations, Company content, or design elements without the express written permission of Company.
The Service relies on computer code and services assembled from various sources and third-party partners. Sources include unique and proprietary code created by the Company, code licensed from third-party vendors and programmers, as well as code made available by open source initiatives. You agree to take no action that could infringe upon the rights of the legal owners of the code or lessen its value in any way. This means User cannot provide, copy, sell, sublicense, decompile, or grant unauthorized access to code to any third-party individuals without the express written permission of Company or the respective copyright holder. User acknowledges that Company has no control over the ongoing availability of third-party code and features and thus relieves Company from any liability that could arise from loss of current features due to a change in the availability of third-party code, features and code libraries.
User does not own any part of the Service, User account, search results positioning, website, servers, technical infrastructure, bundled libraries, visual design elements, WordPress configuration, technical processes, online courses, rights to record or reproduce or broadcast anything associated with coaching services, or other Company produced content.
Any content not copied by User prior to account deactivation may become irretrievable; User relieves Company from any liability that may arise from content being lost during the account deactivation process. At no time will User or any third-party be granted access to Company servers or any level of administrative access beyond the default access that is included to all paying Users of Service.

Terms of Use - Updates, Changes, and Modifications

Company may update, change, or modify this Terms of Use at any time with or without notice. All Service updates, changes, and modifications shall also be subject to this Terms of Use. User's continued use of the Service, online courses, digital products, or coaching services following any changes to this Terms of Use shall constitute User's consent to such changes.