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Terms of Use

Down to Earth Nutrition, LLC d/b/a Down to Earth Nutrition

Terms of Use for the following:

Intuitive Eating for Beginners

Food + Body Confidence Club

Non-Diet Nutrition Book Club

 

Please read the Terms of Use for the Program carefully and in their entirety before using Intuitive Eating for Beginners, Food + Body Confidence Club, and Non-Diet Nutrition Book Club (hereinafter referred to as the “Program”). The Program and its content are owned by Cristina Luibil, MS, RD, LDN (owner of Down to Earth Nutrition, LLC).

 

1. Definitions:

 

“Company”, “We”, “I”, “Our”, or “Us” means Cristina Luibil, MS, RD, LDN (owner of Down to Earth Nutrition, LLC).

 

“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Program.

 

“You” “User” or “Your” means the purchaser and person using the Program.

 

2. Consent:

By participating in the Program, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms of Use.

3. DISCLAIMER:

By participating in the Program, you understand that Cristina Luibil is a Registered Dietitian and Certified Intuitive Eating Counselor. She is not a medical doctor, therapist, psychologist, psychiatrist, or any other type of medical professional. You are expected to discuss any changes to your health, diet, or exercise regimen with your physician or medical treatment team first before trying them.

The Program is for informational and educational purposes only. The information and education provided is not intended or implied to supplement or replace individual nutrition/dietetics treatment, professional medical treatment, medical advice, and/or medical diagnosis.

While the Company is a registered dietitian, the Company is not your registered dietitian. By participating in the Program, the Company is not providing and will not provide individualized nutrition recommendations. Please seek out a non-diet dietitian for personal recommendations based on your own personal situation as necessary. 

It’s recommended and strongly encouraged that the Client establishes a relationship and work with a mental health professional while utilizing the Program.

NOTE: If the Client is suffering from or is recovering from an eating disorder, the Client should consult with their treatment team (therapist, RD, MD) before joining.

One purpose of this Program is to hold space to discuss non-diet and Health at Every Size® related topics, free from diet culture. This means that the Company will not condone the talk of restrictive diets and diet mentality during any part of the Program. 

  • Please read the Accountable Space article by Elise Ahenkorah (she/her), linked here.

    • By signing this Agreement, You consent to participating in an Accountable Space.

 

The Company reserves the right to cease any conversation which the Company deems may be triggering, harmful, and/or hurtful to the rest of the group.

 

Although the Company does our best to make sure all of the information contained herein is up to date and/or accurate, we do not make any representation that all the information contained herein is accurate or free of errors at all times. We do not assume any responsibility for accuracy of the Program information, or its safety or efficacy as it applies to you. The information presented in this Program may not be the best fit for you and your personal situation. It shall not be construed as medical advice. The information and education provided here is not intended or implied to supplement or replace individual nutrition/dietetics treatment, professional medical treatment, medical advice, and/or medical diagnosis. Always check with your own physician or medical treatment team before trying or implementing any information read here. 

 

The Company does not offer any representations, guarantees, or warranties, of any variety, regarding the book club experience membership in any way including, but not limited to, effectiveness, safety, harm, or results achieved as a result of your use of the book club experience membership. The Program is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law.  The Company is not liable for damages of any kind related to your use of the Program or any information contained or discussed therein.

 

4. Assumption of the Risk:

YOU MUST ENSURE YOU ARE PHYSICALLY CLEARED BY YOUR PHYSICIAN TO PARTICIPATE IN THE PROGRAM BEFORE PARTICIPATING. If you have any injuries or limitations, please have them cleared by your physician before attempting to participate in the Program.

By participating in the Program, you are assuming the risk of participating in it and agree to only participate if medically cleared to do so.  We are not responsible or liable for your participation in the Program. 

 

5. Intellectual Property Ownership:

The Program and its content, including, but not limited to, the materials received in Intuitive Eating for Beginners, Food + Body Confidence Club, and Non-Diet Nutrition Book Club are intellectual property owned by Cristina Luibil, MS, RD, LDN (owner of Down to Earth Nutrition, LLC). Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.

 

6. No Sharing:

You cannot distribute, copy, forward, and/or share the Program or its content with anyone else. This includes personal information gathered from discussion with/from other members of the private member group confidential. Any violations of these Terms of Use will be legally pursued to the fullest extent permitted by law.

 

7. No Claims Made Regarding Results:

Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and his/her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours. 

 

8. DISCLAIMER - No Warranties, Guarantees, or Representations Are Being Made:

We do not offer any representations, guarantees, or warranties, of any variety, regarding the Program in any way. The Program is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law.  We are not liable for damages of any kind related to your use of the Program.

 

9. Your Release of Us, Indemnification, Hold Harmless:

To the fullest extent permitted by law, Down to Earth Nutrition, LLC expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Program, its materials, our website, or any other information obtained by you from us. By enrolling in the Program, you hereby agree to this limitation of liability and release Down to Earth Nutrition, LLC from any and all claims.

By participating in and/or purchasing the Program, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless Down to Earth Nutrition, LLC, our subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your purchase of or participation in the Program and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms of Use. 

By enrolling in the Program, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless Down to Earth Nutrition, LLC as stated in this section herein. 

 

10. Our Refund and Cancellation Policy:

We will do everything within our ability (and within reason) to ensure your satisfaction. Due to the nature of the Program, refunds will not be issued for the Program once it is purchased. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Cristina at cristina@downtoearthnutritionllc.com.

 

11. ARBITRATION CLAUSE:

If you have any complaint or should any issue arise in the use of the Program, please contact us directly first by emailing Cristina at cristina@downtoearthnutritionllc.com.

 

However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Cristina Luibil and Down to Earth Nutrition, LLC shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.

 

By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 10 miles of New Market, Maryland.

 

If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Maryland. The only award that can be issued to you is a refund of any payment made to Down to Earth Nutrition, LLC for the applicable Program. You are not permitted to seek additional damages, including consequential or punitive damages.

 

12. Limitation of Liability:

Cristina Luibil and Down to Earth Nutrition, LLC is not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Program. The Company does not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Program or its content, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

 

13. PAYMENT and PURCHASE TERMS

 

When you pay for the Program by credit or debit card, you authorize and give permission to Down to Earth Nutrition, LLC to charge your credit or debit card for the amount owed for payment of the Program. When you purchase the Program, your information (i.e. credit card and contact information) may be collected by the third-party merchants Healthie via Stripe, who may have privacy policies or security practices that are different than ours. Down to Earth Nutrition, LLC is not responsible for the merchant’s independent policies or practices.

By signing up for the Program, you are agreeing to participate and pay for all sessions of the Program, and will be charged for all sessions whether or not you attend. There is no reschedule, cancellation, or no-show refund given. The Program will be charged in-full, weekly, or monthly, depending on the specific schedule of the Program. The Program will be charged to the credit or debit card on file. By purchasing the Program, you are hereby consenting to your credit card being automatically charged in-full or weekly or monthly until the Program is over, as applicable. Payments will be processed by Stripe (via Healthie or Flodesk).

With recurring payments to purchase the Program, you hereby authorize and give permission to Down to Earth Nutrition, LLC to automatically charge your credit card or debit card as payment for the Program, for which you will receive an electronic receipt, at the time and interval in which payment is due without any additional authorization from you. 

We will not contact you to seek any additional authorization, approval, or permission before charging your card for each installment of the Payment Plan.

By choosing the Payment Plan, you agree and understand that ALL payments are owed in full. There are no exceptions. No refund requests or stop payments will be granted or accepted.

In the event that payment is not successfully made by the due date, you have a three (3) day grace period to make your payment of the Program. If such payment is not received, your access to and participation in the Program will not continue. If you fail to make payment within the grace period or at any other time, you are still responsible for all payments for the full cost of the Program. 

 

14. Severability 

The provisions of these Terms of Use shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of these Terms of Use shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms of Use as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.

 

15. Entire Agreement

These Terms of Use contain the entire agreement between you and the Company. There are no other promises or conditions in any other agreement (oral or written) between you and the Company.

 

16. Choice of Law + Venue

These Terms of Use shall be governed by the laws of the state of Maryland Any action brought by any party arising out of or from these Terms shall be brought within the Maryland, County of Frederick.

 

By purchasing and participating in the Program, you signify your agreement to all of the terms in these Terms of Use.

 

If you have any questions about the Terms of Use, please contact Cristina at cristina@downtoearthnutritionllc.com. Thank you. 

 

Updated 11/23/2022