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THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, a restaurant or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident using the Service, you may specifically waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
YOUR OBLIGATION TO THE SERVICEMp> You understand that the results of any weight-loss program cannot be guaranteed by MetaboLogix LLC and that your outcomes may vary depending on various factors, including individual effort. You understand and agree that it is your responsibility to inform MetaboLogix of any conditions or changes to your health, now and on-going, which may affect your ability to follow the weight-loss plan.
NO MEDICAL DIAGNOSIS OR TREATMENT
MetaboLogix LLC is committed to helping you lose weight. You understand, however, that our products, services, and the statements on the website have not been evaluated by the food & drug administration or medical professionals, and our products, services, and the information on the website are not intended to diagnose, treat, cure or prevent any health problems, illnesses, or diseases. The information on the website or provided to you in emails or other communications is designed for informational purposes only and is not intended to be a substitute for informed medical advice or care. You further understand that our products and services are not intended for use by persons under 18 years of age, and by women who are pregnant or nursing, and that the products are not to be used to treat any type of medical condition or health problem. The dietary needs of minor children, women who are pregnant or nursing, and persons with medical conditions are different from those of healthy adults. You agree that you either have consulted, or will consult, with a physician or doctor before using any of our products or trying any of our services, particularly if you suffer from any medical condition including, but not limited to, heart disease, high blood pressure, obesity, blood circulation problems, breathing problems, or any other conditions or disorders, and you agree that you will cease immediately from using the Service if so ordered by your physician.
Metabologix LLC makes every attempt to provide accurate ingredient information for the recipes in the weight loss menu. However, it is your responsibility to consider your food allergies in the context of meal plan selection. It is your responsibility to not consume any foods that you are allergic to, or have been advised by a healthcare provider to not consume. The consumption of foods in the meal plan is at your own risk.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Last Updated: January 14, 2021.